MANOJ KUMAR & ANR Vs. STATE & ANR

JUDGEMENT

(1.) Anurag Gupta, the younger brother of the second petitioner Leena Gupta, was married to the second respondent Swati Mishra (complainant) on 13.12.2011 at Ghaziabad, Uttar Pradesh according to Hindu Rites and Ceremonies. The first petitioner Manoj Kumar is the husband of the second petitioner and, therefore, brother-in-law (Nandoi) to Swati Mishra. On the complaint of Swati Mishra, the police had registered first information report (FIR) no. 6/2015 on 04.02.2015 involving offences punishable under Sections 406/498A/34 of Indian Penal Code, 1860 (IPC) with police station, Crime against Women Cell.

(2.) The petitioners by the present petition invoking Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) prayed for quashing of the proceedings arising out of the said FIR on the ground that the authorities in Delhi do not have the territorial jurisdiction. Notice was given to both the respondents. The second respondent submitted on 29.03.2016, that she did not want to file any formal reply. The first respondent (State) has submitted status reports in respect of the aforementioned case from time to time.

(3.) The petition came up before this Court on 06.08.2018 when the following order was passed:-