VARINDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition filed under Section 482, Cr.P.C, the petitioners have prayed for quashing FIR No.53/2004 and charge-sheet No.20 and entire proceedings pending in the Court of ACJM, Bhilwara in FIR No.53/2004 for offences under Sections 498-A, 406 and 323/120-B, I.P.C., read with Section 3 of the Dowry Prohibition Act registered at Police Station, Crime Against Women Cell, Bhilwara.

(2.) MAIN contention of the petitioners is that marriage was solemnized at Delhi and further, petitioner and respondent No.3 were living at Delhi in a rented accommodation in different parts of Lajpat Nagar, New Delhi. It is also pleaded in the petition that different false complaints were filed by respondent No.3 alleging harassment and cruelty at Lajpat Nagar Women Crime Cell, Amar Colony and Women Crime Cell, Nanakpura. In all these matters, compromise took place, therefore, obviously no incident took place in the territorial jurisdiction of the Rajasthan, therefore, the investigating agency of Bhilwara had no jurisdiction to investigate the matter and, so also, cognizance taken by the trial Court dated 20.12.2005 by issuing bailable warrants to the petitioners is without jurisdiction.

(3.) IN the complaint, it is also stated that every day complainant was beaten by the accused persons and they were demanding the cost of INdica car and, upon refusal to pay the said amount, they forcibly sent the complainant out from the house from where the complainant came back to Bhilwara on 19.05.2004; but, after reaching Bhilwara, she was repeatedly threatened as per allegation levelled by the petitioners that if she took any action at Bhilwara, then, she will face consequences. IN the FIR, it is categorically stated that after coming from Delhi she made a police complaint that repeatedly she is receiving telephone calls from Delhi, in which, the petitioners are threatening that if she will take any action against them, then, she will be taken to task by them.