KAMALPURI AND OTHERS Vs. GEETA

JUDGEMENT

(1.) THE facts leading to his petition under section 482 of the Code of Criminal Procedure are that the marriage of Shmt. Geeta, present respondent, was solemnised with petitioner No. 1 Kamal Puri at Ludhiana on 23rd November 1979 according to Hindu rites.

(2.) SHMT . Geeta lived with Kamal Puri up to 21st June, 1980 at Jullundur on which date, according to her, she was turned out of her house in the clothes she was wearing at that time. After obtaining the sanction of the Sub -Divisional Magistrate, Ludhiana as provided under Section 8 -A of the Dowry Prohibition Act, 1961, Shmt. Geeta filed a complaint under section 4 -B and section 5 of the said Act against the present petitioner in the Court of Illaqa Magistrate, Ludhiana. The main contention of the Learned Counsel for the pettioners is that the Judicial Magistrate at Ludhiana had no jurisdiction to try the case nor was the Sub -Divisional Magistrate, Ludhiana competent to grant the requisite sanction under the above Act. Hence the counsel for the petitioner prays for the quashing of the proceedings pending in the Court at Ludhiana being without jurisdiction. In support of this contention, the Learned Counsel for the petitioners has cited Boota Singh & others v. Sudarshan Kaur, 1980 H.L.R. 373. In that case, the marriage between the parties was solemnised at Ludhiana on 5th October 1975. The articles alleged to have been given to the wife by the parents of the wife were handed over to her husband and her relations at Ludhiana. The wife lived in the house of her husband in village Sansarpur in District Jullundur and she was turned out from the house on 31st July, 1977. After obtaining sanction under section 8 -A of the Dowry Prohibition (Punjab Amendment) Act, 1976, the wife filed the complaint in the Court of Judicial Magistrate 1st Class, Ludhiana. The accused was summoned by the Judicial Magistrate 1st Class, Ludhiana. Relying upon section 179 of the Code of Criminal Procedure K.S. Tiwana, J., held as follows: -

(3.) FOR deciding such cases we will have to examine the relevant provisions of section 6 of the Dowry Prohibition Act, 1961, which reads as follows: -