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Judgment
The present petition has been filed under Section 482
Cr.P.C. seeking quashing of FIR No. 246/2017 dated 14.10.2017
registered at Police Station Muhana, Jhunjhunu for the offences
under Sections 498A and 406 IPC and Section 4 of Dowry
Prevention Act .
During the course of arguments, the learned counsel
for the petitioners has submitted two arguments.
Firstly, it is contended that Jhunjhunu court has no
territorial jurisdiction to try the offences as aggrieved wife stayed
at Bhadara falling within District of Hanumangarh and at present
she is staying with her father at Buhana, District Jhunjhunu.
Attention of the counsel for the petitioners has been
drawn to Section 181(4) Cr.P.C. whereby articles which have been
misappropriated or subjected to criminal breach of trust are
required to be returned where the complainant is staying.
Therefore, the territorial jurisdiction shall vest in the court at
Jhunjhunu. Whether Stri Dhan returned or not is a question of
fact, which can only be determined after evidence is adduced by
the parties.
Secondly, the learned counsel for the petitioners has
submitted that earlier a complaint was filed by the respondent
wife within jurisdiction of Hanumangarh and in the said petition, a
compromise was effected but later protest petition was filed.
In view of above, proceedings pending against the
accused in the court of Judicial Magistrate, First Class, Bhadra,
District Hanumangarh are transferred to the court of Magistrate,
Buhana, District Jhunjhunu. The proceedings arising out of both
the cases shall be tried separately and simultaneously by the court
of Judicial Magistrate, Buhana.
Considering that in the earlier proceedings compromise
was effected and a protest petition is pending, personal
appearance of the accused petitioners before the trial court at
Buhana is exempted subject to following conditions:-
a) That upon appearance, accused petitioners shall furnish bail
bonds and surety bonds to the satisfaction of the Magistrate,
Buhana.
b) In case such bail bonds/surety bonds are furnished within one
month, they shall be accepted by the trial court at Buhana.
c) That the accused petitioners shall furnish an undertaking that
they shall appear before the trial court at time as and when they
are called upon to do so.
d) That in the undertaking to be filed by the accused petitioners,
they shall specifically state that the proceedings carried in their
absence but in presence of their counsel shall be binding upon
them.
In view of directions issued above, the present petition
is disposed of.