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Judgment
Heard counsel for the parties.
This petition has been filed for the following reliefs:-
"For quashing of the complain Case No. 1119 of 2009 (T.R. No. 1261 of 2013) and cognizance order dated 26.11.2009 taken by Sri Sanjay Kumar Singh, learned Judicial Magistrate, 1st Class, Hazaribagh, under Section 498(A) of the Indian Penal Code against the petitioners only and now case is pending before Sri Sanjay Kumar Singh, Judicial Magistrate, 1st Class, Hazaribagh in T.R. No. 1261 of 2013."
The only point which has been argued by the counsel for the petitioners is that the entire criminal proceeding as against the petitioners is not maintainable in the court at Hazaribagh. He further submits that that on this ground alone the entire criminal proceeding should be quashed.
Counsel appearing on behalf of the complainant/opposite party no. 2 submits that complainant is the father of the concerned girl and the girl has her parental house in Hazaribagh and as per the allegation made in the complaint petition there has been continuous demand of dowry from the opposite party no. 2 leading to torture of his daughter in her matrimonial home. He submits that in spite of best of efforts the complainant was unable to meet his daughter or to talk to her over phone. He refers to the judgment passed by the Hon'ble Supreme Court reported in (2019) 5 SCC 384 (Rupali Devi vs. State of Uttar Pradesh and Others) to submit that Hazaribagh court also has jurisdiction to entertain the complaint case as part of cause of action has arisen at Hazaribagh in view of the fact that dowry demand was being made from the complainant stationed at Hazaribagh right since the stage of negotiation of marriage.
After hearing counsel for the parties and upon perusal of the allegation made in the complaint petition this court finds that there has been demand of dowry right from the stage of negotiation of marriage and pursuant to such demand certain articles and cash were given during marriage. It is further alleged in the complaint petition that demand of further dowry was made from the complainant and upon non fulfilment of the demand the girl at her matrimonial house in Deoria (UP) was being tortured and the complainant was not permitted to meet her or talk to her over phone. As per the allegation made in the complaint petition the demand of dowry from the complainant who is stationed to Hazaribagh as well as harassment of his daughter who is at her matrimonial house at Deoria (UP) would be covered by explanation (b) to Section 498 A of Indian Penal Code and accordingly part of cause of action has arisen at Hazaribagh. Section 498-A of the Indian Penal Code reads as under:-
"498-A. Husband or relative of husband of a woman subjecting her to cruelty-Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation-For the purpose of this section, "cruelty" means-
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand."
Thus this court is of the considered view that part cause of action has arisen at Hazaribagh and accordingly it cannot be said that court at Hazaribagh has no territorial jurisdiction to entertain the complaint case and to take cognizance of the offence. This court further finds that the petitioner has not brought on record the deposition of the other witnesses although the order taking cognizance reflects that the learned court below has also appreciated the deposition of other enquiry witnesses at the time of cognizance.
Considering the totality of the facts and circumstances and materials available on record this court is not inclined to quash the entire criminal proceeding against the petitioner. Accordingly, this application is dismissed.
Interim order, if any, stands vacated.
Pending I.A., if any, stands dismissed as not pressed.
Office is directed to communicate this order to the concerned court immediately.