Shri James N Chand vs State of Uttarakhand

Heard. By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of proceedings of Criminal Case No. 236 of 2009, State vs. Sumeet and others, relating to offences punishable u/s 498A, 323, 504 and 506 of I.P.C., pending in the court of Special Judicial Magistrate, Dehradun.

Learned counsel for the petitioners submitted that no part of cause of action has arisen within the State of Uttarakhand. However, perusal of the papers on record show that the marriage of the complainant Smt. Meenakshi James was solemnized on 12.10.2007, in Nehru Gram, Dehradun (Uttarakhand). The petitioners who are father in law and mother in law of the respondent no. 3 are residents of Panchkula, Haryana. No doubt, it is alleged in the First Information Report by the complainant that she was ill treated by her in laws at Panchkula. But it is also stated that after she was ousted by the accused on 22.04.2008, when she was carrying pregnancy, nobody cared to see her in Dehradun, at the time of birth of her female child. The continuous cruelty appears to have been alleged.

On behalf of the petitioners attention of this court is drawn to Bhura Ram and others vs. State of Rajasthan and another (2008) 11 SCC page 103 and Y. Abraham Ajith and others vs. Inspector of Police, Chennai and another (2004) 8 SCC page 100, and it is pleaded that the court at Dehradun has no jurisdiction.

However, the position of law is latest settled by the Apex Court in Sunita Kumari Kashyap Vs. State of Bihar and Another, , and it can not be said that the trial at Dehradun suffers from any illegality. Therefore, without expressing any opinion as to final merits of the case, this court is of the view that petition u/s 482 of Cr.P.C., is liable to be dismissed. Accordingly, the petition is dismissed.