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Madhya Pradesh High Court · body

2006 DIGILAW 1269 (MP)

SHAKIL KHAN v. STATE OF MADHYA PRADESH

2006-11-10

S.C.VYAS

body2006
Judgment ( 1. ) THE matter is heard finally with the consent of both the parties. ( 2. ) THIS is a petition filed under Section 482 of Cr. P. C. for quashment of the Cr. C. No. 497/05, which is pending in the Court of JMFC, Shujalpur. ( 3. ) A Criminal Case No. 497/05 is pending in the court of JMFC, shujalpur, on the allegation that present petitioners harassed and treated wife of petitioner No. 1, with cruelty for demand of dowry, at Bhopal. It is also been alleged in the F. I. R. that the complainant was subjected to cruelty and was assaulted by both these petitioners for demand of Rs. 50,000/- and when the demand was not fulfilled, then petitioner No. 1, brought the complainant to her parental house and left her there. ( 4. ) LEARNED Counsel for the petitioners submitted that even if the allegations of complainant, as narrated in the FIR are presumed to be true then also no part of offence has been committed at Kalapipal and therefore, court of shujalpur has no jurisdiction to try the case. He further submitted that on this short point the proceedings pending in the court of JMFC are required to be quashed. In this regard he placed reliance on judgment of Supreme Court in the case of Y. Abraham Ajith and others Vs. Inspector of Police, Chennai and others, reported in [ air 2004 SC 4286 ]. ( 5. ) AS per the facts of the case which has been relied on by learned counsel for the petitioner the complainant of that case left the house of her husband voluntarily herself and therefore, it was found that no cause of action arose at the place where the case was pending but in the fact of the present case petitioner No. 1 himself brought the complainant to Kalapipal and left her there because the demand of dowry was not fulfilled. This act of petitioner No. 1 comes in the category of harassment for demand of dowry and therefore, cause of action arose at Kalapipal and so the Court of Shujalpur is very well competent to try the case, which is pending in the Court. This petition has no merits and is dismissed. Misc. Cr. Case dismissed.