CHIRANJAN SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicants have filed this petition under Section 482 Cr. PC. for quashment of the criminal proceedings pending before JMFC, Jora, in Criminal Case No. 5/05 for the offence under Section 498-A of IPC and Section 3 and 4 of Dowry Prohibition Act.

(2.) BRIEF facts of the case are, respondent No.2-Adesh Sharma is the legally wedded wife of the applicant No. 1-Chitranjan Sharma. Their marriage took place at Jora and it is alleged that after the marriage the applicant, who are the husband, mother-in-law, father-in-law, brother-in-law and sister-in-law of the complainant started harassing the complainant with regard to demand of dowry - motorcycle and other articles. On the basis of the written repory lodged by respondent No.2- wife, the Police Jora had registered a case under Section 498 A of IPC and Section 3 and 4 of Dowry Prohibition Act and after due investigation filed the charge sheet before JMFC, Jora. After filing of this charge sheet the applicants came up before this Court alleging that the complainant and the applicant No.1 immediately before the alleged incident lived together at Indore and on perusal of the FIR also the harassment to the complainant also took place at Indore. Therefore, registration of the First Information Report at Jora Police Station is illegal and erroneous and consequently the submission of the charge sheet at JMFC Jora is also illegal. Hence, prayed for quashment of the proceedings initiated against the applicant before JMFC Jora for the aforesaid offence. Hence, filed this petition for quashment of the proceedings.

(3.) IT is submitted by learned counsel for the applicants that the alleged harassment coupled with demand of dowry took place at Indore, for which the complainant had lodged the false report at Police Station Jora which is without jurisdiction and Police Jora had also wrongly taken cognizance of the aforesaid offence, which had been committed at Indore. Therefore, prayed for quashment of the entire proceedings of the charge sheet filed by Police Jora.