JAYESH TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under section 482 of the Code of Criminal Procedure petitioners seek quashing of the proceedings registered against them under sections 498-A, 204 and 506/34 IPC read with section 3/4 of the Dowry Prohibition Act by Police Station Kotwali, district Damoh vide Crime No. 84/12. The main submission of learned counsel appearing on behalf of the petitioners is that Damoh Court had no jurisdiction to entertain grievance of the complainant inasmuch as, after marriage had taken place between the petitioner No. 1 along with respondent No. 2 on 12th December, 2009. The matrimonial house of the parties was at Jabalpur.

(2.) It has been submitted that as per averments made in the complaint filed on behalf of the second respondent none of the incident which is the basis of filing of complaint against the petitioners occurred in Police Station Kotwali of district Damoh. As per the averments of the incident of cruelty, as stated by the complainant happened at Jabalpur. It would be appropriate to take note of the averments made in the complaint which reads thus :-

(3.) Learned counsel for the petitioners therefore, submits that in the present case in absence of incident having happened at Damoh, Damoh Court had no jurisdiction. He has relied upon a judgment delivered by Hon'ble the Apex Court in the case of V. Abraham Ajith and others v. Inspector of Police, Chennai and another, 2004 8 SCC 100wherein "cause of action" has been discussed.