VEER SINGH PRAJAPATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of CrPC seeking qushment of the FIR, dtd. 4/9/2022 in connection with Crime No.427/2022 registered at the Police Station, Bilkhiriya District Bhopal and consequential proceedings thereto pending before the Court of Judicial Magistrate First Class, Bhopal in RCT No.14258/2022.

(2.) Learned counsel for the applicant contends that the respondent No.2 lodged an FIR against the present applicant while stating inter alia, that her marriage with the present applicant was solemnised on 25/2/2008. Thereafter they started living in Gurgaon (Haryana) from 2012 onwards. They also constructed a house at Shyamkunj, Gurgaon. Till 2018 there were instances of torture and thereafter from 2019 onwards, there was physical and mental torture to the respondent No.2. In the FIR it was further mentioned that just before three months from the date of lodging of the FIR the present applicant left his job and came to Bhopal and started residing there. During that period the respondent No.2 was residing in Gurgaon. On 26/8/2022 again, the applicant came to Gurgaon and then on 27/8/2022 the applicant manhandled and abused the respondent No.2.

(3.) It is contended by the learned counsel for the applicant that the entire FIR as well as the statements of witnesses reveal that none of the offence was committed within the territory of Bhopal. Hence, the FIR at Bhopal was not maintainable, nor any cognizance on the charge-sheet on the basis of the said FIR could have been taken.