ORDER : Hanchate Sanjeev Kumar, J. 1. The petitioner has filed the present writ petition under Articles 226 & 227 of the Constitution of India R/w Section 482 of the Code of Criminal Procedure with following prayer. To issue a writ of mandamus and grant any other appropriate writ in the following terms:- (A) Direct the respondent No. 3 and 4 to retransmit the entire case file registered in Crime No. 206/2020 dated 25.07.2020, registered for the commission of offences punishable under Sections 498A, 504, 323, 506 R/w Sec. 34 of IPC & Sec. 3 & 4 of D.P. Act, pending on the file of Civil Judge & JMFC (Jr. Dn.) court at Shahapur to respondent No. 5 & 6 police station at Ballad, consequently direct the respondents No. 5 & 6 to reopen the FIR registered in Crime No. 82/2020 and investigate accordingly, Vide Annexure-C & A. (B) Such further order other reliefs be granted to he petitioners to which the petitioner would be found entitled to on the facts and circumstances of the case. 2. It is stated that the petitioner was given in marriage to the one Shashikantha Ikur and after marriage the petitioner went to her husband's house at Shahapur to lead marital life. It is alleged that the petitioner was subjected to cruelty both physically and mentally and without tolerating the same the petitioner was constrained to leave her husband's house and has taken shelter in her parents' house at Bellary as Bellary is the native place of her parents. Then the petitioner had lodged complaint before the Bellary Women Police Station as against her husband and her in-laws which was registered as crime No. 82/2020 dated 15.06.2020 by the Bellary Women Police Station. Thereafter, the Bellary Women Police Station officers have transferred the present complaint and FIR registered in Crime No. 82/2020 of Bellary Women Police Station, to the Shahapur Police Station, District Yadgir, therein crime is registered as Crime No. 206/2020 of the Shahapur Police Station as against her husband and her in-laws, on the ground that the husband and in-laws of the petitioner are resident of Shahapur town. Therefore on this ground, the complaint and FIR lodged by the petitioner in Bellary was transferred to the Shahapur Police Station. 3. Therefore on this ground, the complaint and FIR lodged by the petitioner in Bellary was transferred to the Shahapur Police Station. 3. The petitioner being aggrieved by the transfer of the complaint and FIR from Bellary Women Police Station to Shahapur Police Station, the present petition is filed. 4. The learned counsel for the petitioner vehemently submitted that the transfer of the complaint and FIR from Bellary Women Police Station to Shahapur Police Station on the ground the husband and in-laws of the petitioner are resident of Shahapur is not correct as the allegation made by the petitioner in the complaint submitted before the Bellary Women Police Station are having continuing effect and the petitioner is under shelter of her parents at Bellary town. Then the husband and in-laws of the petitioner have continued the ill-treatment and even after the petitioner gave birth to female child in Bellary, the husband and in-laws of the petitioner over phone had abused and scolded in a filthy language. Therefore, the allegation of cruelty alleged against husband and in-laws are having continuing effect. Therefore transfer of the complaint and FIR from Bellary Women Police Station to Shahapur police Station is not correct and contrary to the Section 178 and 179 of Cr.P.C. The learned counsel for the petitioner relied on the judgment of the Hon'ble Supreme Court in the case of Priti Kumari V/s. the State of Bihar and others in Crl. A. No. 1387/2019 dated 13.09.2019. Therefore, placing reliance on the judgment, the counsel for the petitioner submitted that the transfer of complaint from Bellary Women Police Station to Shahapur Police Station is illegal. Therefore, prays to issue direction to the respondent-police to continue the investigation from Bellary Women Police Station. 5. Per contra, the learned SPP submitted that since the husband and in-laws of the petitioner are residing in Shahapur town and the petitioner has lodged complaint before the Bellary Women Police Station and accordingly, transferred the complaint and FIR from Bellary Women Police Station to Shahapur Police Station is correct and there is no need to interfere with this transfer and submitted that the Shahapur police station are competent enough to conduct the investigation into the crime. Therefore, he submitted the petition is liable to be dismissed. 6. Regarding controversy involved into the case, the relevant provisions has to be considered Sections 177, 178 and 179 of Cr.P.C. stipulate as follows. Therefore, he submitted the petition is liable to be dismissed. 6. Regarding controversy involved into the case, the relevant provisions has to be considered Sections 177, 178 and 179 of Cr.P.C. stipulate as follows. "177. Ordinary place of inquiry and trial-Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. 178. Place of inquiry of trial-(a) When it is uncertain in which of several local areas an offence is committed, or (b) where an offence is committed partly in one local area and partly in another, or (c) where an offence is a continuing one, and continues to be committed in more local areas than one, or (d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. 179. Offence triable where act is done or consequence ensues.-When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within shoes local jurisdiction such thing has been done or such consequence has ensued." 7. In Priti Kumari's case (supra) the Hon'ble Supreme Court has followed the previous judgment of the Hon'ble Supreme Court in Rupali Devi's V/s. State of Uttar Pradesh and others, (2019) 5 SCC 384 . Hence formed opinion that the transfer of the complaint and FIR from jurisdiction of one police station to another jurisdiction police station is not correct, since the offences under Section 498-A is having continuously effect, even the complainant is residing/taking shelter in parents' home or under shelter of anybody else where the complainant is residing and lodged complaint, then those concerned police have power to conduct the investigation. 8. In the present case, the petitioner had lodged the complaint before the Bellary Women Police Station making various allegations against her husband and in-laws that after her marriage with husband, in husband's house all have started ill-treatment and cruelty both physically and mentally and driven out the petitioner from the house. Therefore, the petitioner was constrained to reside along with her parents in Bellary town and in this regard the offences under Sections 498-A, 504, 323, 506 R/w Sec. 34 of IPC & Section 3 & 4 of D.P. Act came to be registered. Therefore, the petitioner was constrained to reside along with her parents in Bellary town and in this regard the offences under Sections 498-A, 504, 323, 506 R/w Sec. 34 of IPC & Section 3 & 4 of D.P. Act came to be registered. In the circumstances the cruelty as alleged in the complaint are having continuing effect and what would be mental trauma on the wife as alleged in complaint to be considered. In this regard, I place reliance on the decision of Hon'ble Supreme Court in Rupali Devi's case (supra). In the above stated case, the question for determination was observed as follows:- "Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members?" 9. In Rupali Devi's case (supra) two pinions opposite to each other are discussed. There were two exactly opposite opinion formed, one is that the offence of cruelty having been committed in the matrimonial home the same does not amount to a continuing offence committed in the parental home to which place the aggrieved wife may have later shifted. The said opinion is formed in previous judgments of Hon'ble Supreme Court as stated in paragraph No. 3. The another opposite opinion was formed in some other judgments delivered by the Hon'ble Apex Court which is to the effect that and it was held that the court at the place of the parental home of the wife would have jurisdiction to entertain the complaint under Section 179 of Cr.P.C., which is observed in paragraph No. 4. Therefore where two opinions were formed then the above said question was referred to the Hon'ble Full Bench. Then their Lordship at paragraph No. 13, 14 and 15 were please to lay down principle of law as follows:- "13. The object behind the aforesaid amendment, undoubtedly, was to combat the increasing cases of cruelty by the husband and the relatives of the husband on the wife which leads to commission of suicides or grave injury to the wife besides seeking to deal with harassment of the wife so as to coerce her or any person related to her to meet any unlawful demand for any property, etc. The above stated object of the amendment cannot be overlooked while answering the question arising in the present case. The judicial endeavour must, therefore, always be to make the provision of the laws introduced and inserted by the Criminal Laws (Second Amendment) Act, 1983 more efficacious and effective in view of the clear purpose behind the introduction of the provisions in question, as already noticed. 14. "Cruelty" which is the crux of the offence under Section 498-A IPC is defined in Black's Law Dictionary to mean "the intentional and malicious infliction of mental or physical suffering on a living creature, esp. a human; abusive treatment; outrage (abuse, inhuman treatment, indignity)". Cruelty can be both physical or mental cruelty. The impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being ill-treated are aspects that cannot be ignored while understanding the meaning of the expression "cruelty" appearing in Section 498-A of the Penal Code. The emotional distress or psychological effect on the wife, if not the physical injury, is bound to continue to traumatise the wife even after she leaves the matrimonial home and takes shelter at the parental home. Even if the acts of physical cruelty committed in the matrimonial house may have ceased and such acts do not occur at the parental home, there can be no doubt that the mental trauma and the psychological distress caused by the acts of the husband including verbal exchanges, if any, that had compelled the wife to leave the matrimonial home and take shelter wither parents would continue to persist at the parental home. Mental cruelty borne out of physical cruelty or abusive and humiliating verbal exchanges would continue in the parental home even though there may not be any overt act of physical cruelty at such place. 15. The Protection of Women from Domestic Violence Act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under Section 498-A of the Penal Code. 15. The Protection of Women from Domestic Violence Act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under Section 498-A of the Penal Code. The definition of "domestic violence" in the Protection of Women from Domestic Violence Act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well-being, whether mental or physical, as well as emotional abuse. The said definition would certainly, for reasons stated above, have a close connection with Explanations (a) & (b) to Section 498-A of the Penal Code which define "cruelty". The provisions contained in Section 498-A of the Penal Code, undoubtedly, encompass both mental as well as the physical well-being of the wife. Even the silence of the wife may have an underlying element of an emotional distress and mental agony. Her sufferings at the parental home though may be directly attributable to commission of acts of cruelty by the husband at the matrimonial home would, undoubtedly, be the consequences of the acts committed at the matrimonial home. Such consequences, by itself, would amount to distinct offences committed at the parental home where she has taken shelter. The adverse effects on the mental health in the parental home though on account of the acts committed in the matrimonial home would, in our considered view, amount to commission of cruelty within the meaning of Section 498-A at the parental home. The consequences of the cruelty committed at the matrimonial home results in repeated offences being committed at the parental home. This is the kind of offences contemplated under Section 179 CrPC which would squarely be applicable to the present case as an answer to the question raised." 10. Therefore, the Hon'ble Supreme Court in the above said judgment ultimately were pleased to lay down the law which is at para No. 16. "16. We, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498-A of the Penal Code." 11. The Hon'ble Supreme Court in Priti Kumari's case (supra) by following the judgment in Rupali Devi's case were held that the complainant (wife) where she is residing in parents' home is having jurisdiction and accordingly where the wife after driven out from the matrimonial home have taken shelter, then the complaint can be maintained in that place where the wife is residing. In the present case also, the petitioner was given in marriage to the accused stated in the FIR and accused are residing in Shahapur town. Therefore, the petitioner had come to her husband's house at Shahapur town after the marriage for leading marital life. Since it is allegation made that the husband and in-laws of petitioner have started ill-treatment and cruelty both physically and mentally as in detail alleged in the complaint and the petitioner was driven out from the house. Therefore, the petitioner is compelled to reside in her parents' house at Bellary town. Therefore, the petitioner has lodged complaint before the Bellary Women Police Station then transfer of the said complaint and FIR to the Shahapur Police Station is not correct, for the reason that the cruelty meted to the petitioner by her husband and in-laws is having continuing effect and also in the present case upon perusal of the complaint that when the petitioner gave birth to female child, then the husband and in-laws of the petitioner have abused and scolded the petitioner through phone and the petitioner had received such abusive words when she was residing in Bellary along with her parents. Therefore, the mental trauma out of the said cruelty as observed by the Hon'ble Supreme Court is having continuing effect, therefore the Bellary Women Police Station have jurisdiction to entertain the complaint and competent enough and having jurisdiction to investigate into the matter and to file final report. But without doing so the Bellary Women Police Station have transferred the complaint and FIR to the Shahapur Police Station is not correct as per the principle of law laid down by the Hon'ble Supreme Court in Rupali Devi's case (supra). Therefore, the present petition succeeds and accordingly the respondent police are hereby directed that the complaint and FIR registered in the Bellary Women Police Station shall be revived and respondent Nos. Therefore, the present petition succeeds and accordingly the respondent police are hereby directed that the complaint and FIR registered in the Bellary Women Police Station shall be revived and respondent Nos. 2, 5 and 6 shall continue the investigation in Crime No. 82/2020 of Bellary Women Police Station and file final report as per law. Therefore, it is directed the respondent Nos. 3 and 4 to retransfer the complaint and FIR to the Bellary Women Police Station as stated above as per observations made. Accordingly, the petition is allowed.