VAIBHAV KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This application under Sec. 482, Cr. P.C. has been filed by the applicants seeking quashing of the impugned order dtd. 9/9/2016 passed in Misc. Case No. 267 of 2014 "Smt. Ritu Raj v. Vaibhav Kumar and others" under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 ("D.V. Act"), pending before the Court of IVth Additional Chief Judicial Magistrate, Dehradun as well as the entire criminal proceedings of the aforesaid case. The grievance of the applicants is that the learned Magistrate erroneously rejected their objection on the point of territorial jurisdiction and proceeded to entertain the complaint.

(2.) Brief facts of the case, as per record, are that applicant No. 1 is the husband of respondent No. 2; that, the applicant Nos. 2 and 3 are father-in- law and mother-in-law and applicant No. 4 is her sister-in-law of respondent No. 2; that, the marriage of applicant No. 1 was solemnized with respondent No. 2 on 29/4/2013 at Dehradun according to Hindu rites; that, after marriage, applicant No. 1 and respondent No. 2 lived together in London, U.K., as hus- band and wife. On 17/11/2013, respondent No. 2 lodged a complaint with London Police alleging harassment and assault by applicant No. 1; that, after investigation, London Police filed an N.F.A. (No Further Action) report, finding no of- fence; that, respondent No. 2 then voluntarily left the company of applicant No. 1. Thereafter, applicant No. 1 filed for divorce before the Family Court, Croydon, U.K., and obtained a decree absolute; that, applicant No. 1 also filed a petition under Ss. 11 and 12 of the Hindu Marriage Act before the Family Court, Faridabad; that, respondent No. 2, through a General Power of Attorney to her mother, filed an application under Sec. 12 of the D.V. Act before the 2nd Judicial Magistrate, Dehradun, on 3/3/2014; that, thereafter, the respondent No. 2 moved Transfer Petition No. 1224 of 2014 in the Hon'ble Supreme Court, wherein the Hon'ble Supreme Court stayed the proceeding pending before the Family Court at Faridabad; that, the applicant No. 1 filed an application in the case filed by respondent No. 2 under Sec. 12 of the D.V. Act before the court concerned raising issue of jurisdiction; that, the said appli- cation has been dismissed by learned trial court vide impugned order dtd. 9/9/2016. Hence, this application.

(3.) Learned Senior Counsel for the applicants would submit that the marriage between applicant No. 1 and respondent No. 2 was solemnized on 29/4/2013 at Dehradun. On 12/5/2013, applicant No. 1 left for London, leaving respondent No. 2 at her parental home in Dehradun for the purpose of processing her visa. After obtaining the visa, both travelled to London on 10/9/2013; that, while living together in London as husband and wife, respondent No. 2, on 17/11/2013, lodged a complaint with the London Police alleging harassment and assault. The London Police, after thorough investigation, submitted a No Further Action (N.F.A.) report, finding no offence against applicant No. 1. Immediately thereafter, respondent No. 2 voluntarily left the shared house- hold without informing applicant No. 1.