Delhi High Court
Vijay Aggarwal & Ors. vs State & Anr. on 6 August, 2010
Author: Shiv Narayan Dhingra
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: July 20, 2010
Date of Order: August 06, 2010
+ Crl. M.C. No. 950/2010
% 06.08.2010
VIJAY AGGARWAL & ORS ..... Petitioner
Through: Mr. Sanjay Sharma, Adv.
Versus
STATE & ANR ..... Respondents
Through: Mr. O.P. Saxena, APP
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
JUDGMENT
1. Present petition has been filed by the petitioner for quashing of FIR on
the ground that no part of the offence allegedly committed, was within Delhi
and registration of FIR in Delhi is a gross misuse of judicial process. The
allegations made in the FIR were denied. It was stated that respondent/
complainant had earlier made a complaint before CAW Cell and this complaint
was closed on the ground that none of the alleged acts of cruelty was
committed in Delhi.
2. Present FIR was registered against the petitioner at the directions of
learned M.M. who entertained a complaint under section 156 (3) Cr. P.C. and
passed an order dated 23rd November, 2009 directing registration of FIR
against four of the accused persons stating that they appear to be guilty of
offence under section 498A/406 IPC.
3. The question of jurisdiction was considered by the Court of M.M. while
passing order and he had observed that marriage took place in Kanpur and
after marriage husband and wife resided at Delhi. Wife had placed certain
documents in this regard on record. The other ground for holding that Delhi
has jurisdiction, was that a notice was issued on behalf of the complainant
from Delhi asking dowry articles back. Reliance was placed on Roshan Kumar
Tiwari Vs. State of Delhi, 2000 V AD (Delhi) 693.
4. The petitioner has relied on earlier status report filed by the CAW Cell
which was investigated on the complaint made by the wife. In the status
report it was mentioned that the complainant was married on 10th June, 2007
with Mr. Vijay Aggarwal at Kanpur. Her in laws were not happy with gifts and
jewellery and her expensive jewellery and istridhan articles were taken away
from her by her nand and mother in law in the presence of her husband. After
marriage, she went to Bangalore with her husband. Her husband committed
cruelty on her. From Bangalore, her husband went to USA and came after one
year and then went to Mumbai. For purchase of a flat at Mumbai, the in laws
of the complainant demanded Rs. 15 to 20 lacs. Her husband used to take
away full salary and never paid her any money. He used to treat her with
cruelty and beat her. The investigating officer at CAW Cell reported that both
parties were called and during inquiry it was revealed that marriage of
complainant was solemnized in Ghaziabad at the residence of her husband.
After marriage, she lived with her husband at Bangalore and Mumbai. She
was not willing to live with her husband on the ground that her husband was
an impotent person. The investigating officer further reported that only one
sitting took place in CAW Cell and husband and wife thereafter started
quarrelling.
5. A perusal of judgment of DB in Surinder Kumar Yadav & Ors. Vs. The
State, ILR (2000) II Delhi, would show that this Court had held that jurisdiction
to take cognizance of the offence under section 406 Cr. P.C. would also be at a
place where the entrusted property is required to be returned.
6. I consider that in view of the above judgment it would not be proper to
quash the FIR at this stage and it would be appropriate that a fair investigation
is done by the police in this case & a final report is submitted by the police.
After final report is submitted, the Court of MM where report under section
173 Cr. P.C. is submitted would decide the issue of jurisdiction in the light of
evidence collected.
7. I, therefore, consider that it is not a fit case where this Court should
exercise its exceptional power under section 482 Cr. P.C. for quashing the FIR.
The petition is dismissed.
AUGUST 06, 2010 SHIV NARAYAN DHINGRA, J.
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