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2017 DIGILAW 2626 (RAJ)

Asaman S/o Omprakash v. State of Rajasthan Through P. P

2017-11-30

KANWALJIT SINGH AHLUWALIA

body2017
ORDER : KANWALJIT SINGH AHLUWALIA, J. 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. 2. During the course of arguments, the learned counsel for the petitioners has submitted two arguments. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. (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. 8. In view of directions issued above, the present petition is disposed of.