LAWS(P&H)-2006-8-194

SAMRAT KAUSHIK Vs. STATE OF HARYANA

Decided On August 28, 2006
Samrat Kaushik Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) LEARNED counsel for the petitioners while seeking quashing of the FIR and setting aside of the final report under Section 173 Cr.P.C. has submitted that the Court at Faridabad had no jurisdiction to take cognizance of the offence.

(2.) IT is the case of the prosecution that after being turned out of the matrimonial home, complainant-Disha was staying at Faridabad. A prayer was made by her in the FIR that her in-laws were using the dowry articles given in her marriage. Further that the dowry articles be recovered and handed-over to her.

(3.) IN Ram Pal and another v. State of Haryana and another, 1991(1) Crimes 566, this Court found justification in the action of the police to register an FIR at the place, where complainant-wife resided and required the return of dowry articles at that place. The provisions of Section 181(4) Cr.P.C. were relied upon to clothe the police of Police Station, Kalanwali with jurisdiction to investigate the case, as at that place the wife was residing when the FIR was registered. It was held therein as under :-