Case Note & Summary
The Bombay High Court allowed two writ petitions filed by the husband and his relatives seeking quashing of an FIR registered at Tasgaon Police Station. The husband and wife were married in February 2018 and lived together in Mumbai. The wife filed a complaint alleging cruelty, dowry demands, and harassment, which led to the FIR under Sections 498A, 406, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The petitioners argued that no part of the alleged offences occurred within the jurisdiction of Tasgaon Police Station, as the couple resided in Mumbai and the alleged incidents took place there. The Court examined the FIR and found that all allegations pertained to acts in Mumbai or other places, with no specific incident within Tasgaon. Applying Section 177 CrPC, which requires offences to be investigated and tried where committed, the Court held that the FIR lacked territorial jurisdiction and was liable to be quashed. The petitions were allowed, and the FIR was quashed.
Headnote
A) Criminal Procedure Code - Territorial Jurisdiction - Quashing of FIR - Section 482 CrPC read with Section 177 CrPC - FIR registered at Tasgaon Police Station for offences under IPC and Dowry Prohibition Act - Alleged acts of cruelty and dowry demand occurred in Mumbai and other places, not within Tasgaon jurisdiction - Held that FIR cannot be sustained as no part of cause of action arose within territorial limits of Tasgaon Police Station (Paras 1-15).
Issue of Consideration
Whether the FIR registered at Tasgaon Police Station can be sustained when no part of the alleged offence occurred within its territorial jurisdiction.
Final Decision
Both writ petitions are allowed. FIR No.324 of 2023 registered at Tasgaon Police Station is quashed.
Law Points
- Territorial jurisdiction
- quashing of FIR
- lack of jurisdiction
- Section 482 CrPC
- Section 177 CrPC
- matrimonial dispute
Case Details
2024 LawText (BOM) (02) 137
Writ Petition No.2762 of 2023 and Writ Petition No.2763 of 2023
A. S. Chandurkar, Jitendra Jain
Mr. S. R. Nargolkar a/w. Mr. Arjun Kadam & Ms. Neeta Patil for Petitioner; Mr. Sagar Kasar a/w. Mr. Amol Wagh & Ms. Chaitali Bhogle for Respondent No.2
Nikheelchandra Anil Zode (WP 2762/2023); Sarita Anil Zode, Mousami Anil Zode, Veenitkumar Anil Zode (WP 2763/2023)
State of Maharashtra and Dr. Rita Nikheelchandra Zode @ Rita Sheshrao Kulkarni
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Nature of Litigation
Criminal writ petitions seeking quashing of FIR for lack of territorial jurisdiction.
Remedy Sought
Quashing of FIR dated 9th July 2023 registered at Tasgaon Police Station.
Filing Reason
Alleged offences under Sections 498A, 406, 323, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
Issues
Whether the FIR registered at Tasgaon Police Station can be sustained when no part of the alleged offence occurred within its territorial jurisdiction.
Submissions/Arguments
Petitioners argued that no part of cause of action arose within Tasgaon jurisdiction as the couple resided in Mumbai and all alleged incidents occurred there.
Respondent No.2 (wife) contended that the FIR was maintainable as she was residing at Tasgaon at the time of filing.
Ratio Decidendi
Under Section 177 CrPC, every offence shall be inquired into and tried by a court within whose local jurisdiction it was committed. Since no part of the alleged offences occurred within the territorial jurisdiction of Tasgaon Police Station, the FIR is not maintainable and is liable to be quashed.
Judgment Excerpts
With consent, heard finally at the admission stage.
These two writ petitions are heard together since both are based on same cause of action and are therefore disposed of by common order.
Writ Petition No.2762 of 2023 is filed by the Petitioner-Husband seeking quashing of First Information Report (FIR) dated 9th July 2023 filed against him by Respondent No.1 on a complaint from Respondent No.2-Wife.
Writ Petition No.2763 of 2023 is filed by the relatives being mother, brother and sister of the Petitioner in Writ Petition No.2762 of 2023 praying for quashing of the very same FIR filed against them.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 498A, 406, 323, 504, 506
- Dowry Prohibition Act, 1961: 3, 4
- Code of Criminal Procedure, 1973 (CrPC): 177, 482
