DINESH KUMAR Vs. LALITA MOR

JUDGEMENT

(1.) The petitioners seek quashing of the proceedings of a Criminal Case initiated against them under Section 406 I.P.C. and Section 3/4 of Dowry Prohibition Act.

(2.) Lalita Mor-Respondent NO.1 filed a Criminal complaint against the petitioners namely her husband Dinesh Kumar Mor, father-in-law Bhanwar Lal, mother-in-law Smt. Durga Devi, husbands brother Pawan Kumar and his wife Smt. Sushila in the court of VIIth AddI. C.J.M. Allahabad on 6.3.1991. The case of the complainant in brief, is that she was married to Dinesh Kumar Mor on 7.10.1988; that all the accused actively participated in the marriage and demanded dowry; that her parents and relatives gave articles worth Rs.2,66,400/- by way of dowry and the same were entrusted to Dinesh Kumar Mor at the time of BidaiT of the complainant and were taken into possession by other accused; that soon after the marriage the husband started beating and harassing her for bringing more dowry; that all the accused bet her and 29.4.1989 they came to Allahabad and left her at her fatherTs house; that the accused had refused to hand over her stridhan and the same was being illegally retained by them; that a registered notice was sent to Dinesh Kumar Mor on 1.10.1991 requesting him to return the articles but the same had not been returned so far and that all the five accused had dishonestly converted and used the Articles mentioned in the schedule to their own use and thus they had committed offence of criminal breach of trust. The learned Magistrate after recording statements under sections 200 and 202 Cr. P.C. summoned the accused under sections 406 IPC and 34 Dowry Prohibition Act by the order dated 29.4.1991. The present petition has been filed for quashing of the proceedings of the Criminal Case.

(3.) The principal submission of Sri G.S. Chaturvedi, learned counsel for the petitioners is that according to the case of complainant dowry was given at Calcutta as the marriage was performed there and as all the accused are residents that place the articles were also retained by them there and as such the offence, if any, had been committed at Calcutta. The court at Allahabad had, therefore, no territorial jurisdiction to try the offence.