SWATI NIVEDAN SWARNKAR Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482 of Cr.P.C for quashing the entire criminal proceedings pertaining to the FIR bearing Crime No.152 of 2012 for offence under section 498A of IPC and 3/4 of Dowry prohibition Act.

(2.) The facts in nut -shell giving rise to this petition are that wife of petitioner no.3 Smt. Neema Soni had lodged a report at PS Gormi district Bhind against the petitioners for offences punishable under section 498A of IPC and 3/4 of Dowry Prohibition Act and on the basis of which, an FIR bearing Crime no.152 of 2012 was registered against present petitioners and charge sheet was filed and they are facing trial in the court.

(3.) It is contended by learned counsel for the petitioners that on perusal of the contents of the FIR and also from other material documents on record, it is apparent that alleged act of dowry demand had been committed at complainant's matrimonial home I.e. Burhanpur and said case cannot be tried in the court situated at Mehgaon district Bhind. The complainant had left the house of her husband long before and thereafter there is not even a whisper of allegations about any demand of dowry or commission of any act constituting the alleged offence at Gormi. Hence, as per Section 178 (c) of the Code relating to the continuance of the offences cannot be applied. Therefore, no offence is made out against petitioners within the jurisdiction of the court at Mehgaon and the case is exclusively triable by Burhanpur court. Consequently, the criminal proceedings pertaining to the Crime No.152 of 2012 are to be quashed.