AVINASH & ORS Vs. STATE & ANR

JUDGEMENT

(1.) Allegations have been made against the petitioners in the case arising out of First Information Report (FIR) No.554/2013 of Police Station New Ashok Nagar involving offences punishable under Sections 498-A/406/34 of Indian Penal Code, 1860 (IPC). On conclusion of the investigation into the said FIR, a report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was submitted on perusal of which the Metropolitan Magistrate (MM) took cognizance and issued processes against the petitioners by her order dated 21.03.2015.

(2.) The petition at hand invoking inherent jurisdiction of this court under Section 482 Cr.P.C. read with Article 227 of the Constitution of India was filed seeking quashing of the said summoning order raising issues regarding the merits of the allegations in the FIR and that of territorial jurisdiction, the prime argument being that all the allegations made particularly concerning the offence under Section 498-A IPC pertain to area beyond the territorial jurisdiction of Delhi, the petitioners being residents of the District Gautam Budh Nagar in U.P. where the second respondent (the complainant of the case) was residing, it being her matrimonial home, during the relevant period.

(3.) At the hearing, the learned Additional Public Prosecutor pointed out that the criminal case in which the impugned order of summoning was passed has reached the stage of consideration of charge on 01.02017. But the petitioners, instead of availing the opportunity have failed to assist the said court in the matter, adjournments having been taken, and granted, under the pretext of this matter seeking quashing of the summoning order being pending before this court.