MOHAMMAD NOOR Vs. NIKHAT PHARJANA

JUDGEMENT

(1.) PETITIONERS/accused has directed this petition under Section 482, Cr. PC for quashment of the proceedings of Criminal Trial No. 1102/98 pending in the court of Judicial Magistrate, First Class, Bhopal.

(2.) PETITIONER No. 1 got married with respondent on dated 4-4-1996 at bhopal and thereafter they lived in the parental home of petitioners at islampura Padati, Railway Station, Ghosi Maunat Bhanjan, PS Ghosi District mau (U. P. ). It is alleged in the complaint filed by respondent that at the time of marriage the ornaments, other articles and house hold goods were given by parents and relatives of the complainant. The same were taken by the petitioners as Stridhan Sampatti of the complainant. It is also alleged that from the very inception of the marriage petitioners have been demanding additional dowry and on non- fulfillment of such demand she was mal-treated. As per other averments of the complaint all these incidents regarding cruelty had taken place at the matrimonial home, in the aforesaid village of Uttar Pradesh not at Bhopal (MP ). The aforesaid complaint was filed by non-applicant for taking over the cognizance under Sections 406 and 498-A of IPC in the Court of Judicial magistrate First Class, Bhopal by which the cognizance was taken against the petitioners under the aforesaid sections.

(3.) THE contents of the petitioners are that the incident regarding cruelty and breach of trust both or any of it had not taken place at Bhopal as per complaint itself then the Bhopal Court had no jurisdiction to entertain the complaint for taking cognizance against the petitioners. In view of alleged allegation the Court of Uttar Pradesh had jurisdiction to entertain such complaint subject to availability of ingredients of alleged offences.