TEJPAL BAJAJ Vs. NEERU

JUDGEMENT

(1.) Petitioners have sought quashing of complaint titled Neeru v. Bhushan Bajaj and others, under Section 406/498-A/120B of the Indian Penal Code as well as summoning order dated 18.3.1994 on the ground that the allegations as contained in the complaint do not constitute any offence as there is no specific allegation of entrustment of particular items to a particular individual. In addition there to, the complainant has made a false and concocted story in para No. 8 of the complaint alleging demand of dowry and giving her poisonous substance. Since there is no evidence for reporting of such incident in any police station, this allegation is a sheer concoction. Lastly, it has been stated that the offence alleged to have been committed do not fall within the territorial jurisdiction of the Court at Amritsar as the offence/offences are alleged to have been committed at Delhi.

(2.) Respondent Neeru has put in appearance and filed written reply by way of affidavit controverting various averments made in the petition.

(3.) Learned counsel for the petitioners read in extenso the complaint Annexure P-1 and tried to highlight that since there is specific averment in the complaint that accused Nos. 4 to 8 had come to Delhi to the house of accused Nos. 1 to 3 and there raised a demand of Rs. 50,000 and given beating as well as given some poisonous substance in a cup of tea. The sole occurrence and the role attributed to the petitioner (though denied) was at Delhi and as such the order passed by the Magistrate summoning the petitioners under section 406 read with sections 498-A and 120-B of the Indian Penal Code cannot be said to be within the territorial jurisdiction of the Court and thus liable to be quashed. The counsel for the petitioners placed reliance upon the judgments in cases reported as Kulwant Singh and others v. Smt. Kanta Ranit, Pritbir Singh and others v. Balwinder Kaur and others, and Anokh Singh and others v. Paramjit Kaur. In addition thereto, it has been urged that section 498-A of the Indian Penal Code stands repealed vide the Repealing and Amending Act, 1988 (Act No. 19 of 1988) and thus no offence can be said to have been committed by the accused under repealed section 498-A of the Indian Penal Code.