ABHIJEET TRIPATHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The main dispute in this petition is whether the respondent-wife could have got registered an FIR No.0007 dated 19.08.2018 against her husband i.e. the petitioner herein under Whether the reporters of the local papers may be allowed to see the Judgment?Yes Section 498-A read with Section 34 of IPC at Women Police Station, Shimla, i.e. at the place where she has been residing, after parting ways from the petitioner.

(2.) It is urged by learned counsel for the petitioner that since no cause of action has arisen to respondent No.4 for filing the aforesaid FIR at Shimla and if at all any cause of action had arisen to respondent No.4, the same could only be at Indore, Madhya Pradesh, where the parties resided after marriage, the FIR be quashed.

(3.) The issue is purely legal and otherwise no longer res integra in view of the judgment passed by three Hon'ble Judges of the Hon'ble Supreme Court in Rupali Devi versus State of Uttar Pradesh and others (2019) 5 SCC 384, wherein it was held as under: