ANKUR NARANG Vs. STATE

JUDGEMENT

(1.) By this petition the petitioner seeks quashing of FIR No. 38/2019 under Sections 498A/406/34 Penal Code registered at PS Paschim Vihar on the complaint of respondent No.2.

(2.) The three grounds taken by the petitioner seeking quashing of FIR in question are; first is lack of territorial jurisdiction contending that no offence has taken place in Delhi and thus Police Station has no jurisdiction to investigate and the Trial Court has no jurisdiction to try the offence; secondly, that the FIR was not lodged within the period of limitation and thirdly that on the face of the FIR the allegations are not made out.

(3.) As regards the first issue of territorial jurisdiction is concerned, the three Judge Bench of Supreme Court in the decision titled as 'Rupali Devi Vs. State of Uttar Pradesh and Ors.' CRL.A. No. 71/2012 decided on 9th April, 2019 has held that even in cases where there is no allegation of harassment or demand of dowry at the parental place of the complainant who comes to take refuge at her parental place, she can lodge a FIR in the said Police Station, which can be investigated by the officer of the said Police Station and the Trial Court having jurisdiction on the said Police Station would have jurisdiction to try the said offence.