Case Note & Summary
The petitioner, Mohammad Zuber Farooqi, filed a Criminal Writ Petition under Article 226 of the Constitution read with Section 482 CrPC seeking quashing of FIR No. 152 of 2016 registered at Bhandup Police Station, Mumbai, under the Domestic Violence Act, 2005. The petitioner and respondent No. 2 (Neelima Akhtar) married in Lucknow in 2008 and moved to the USA in 2009. They lived in North Carolina and later California. A child was born in 2013. In 2014, the respondent left the matrimonial home and went to her brother's place in Indiana. The petitioner filed for divorce and custody in California Superior Court. The respondent returned to India in 2015. The petitioner divorced her in India in 2015. In 2016, the respondent filed a custody petition in Family Court, Bandra, and later an FIR alleging domestic violence. The California Superior Court granted custody to the petitioner. The petitioner argued that all alleged acts of domestic violence occurred in the USA, and the courts in India lacked territorial jurisdiction. The respondent contended that the DV Act applies to Indian citizens abroad. The High Court held that the DV Act does not have extra-territorial application and the alleged incidents occurred in the USA, hence the FIR was an abuse of process. The court quashed the FIR and all proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR quashed where alleged domestic violence occurred in USA and parties were residing abroad - Held that courts in India lack territorial jurisdiction to entertain such complaint (Paras 1-10). B) Domestic Violence Act, 2005 - Territorial Jurisdiction - Sections 12, 27 - Extra-territorial Application - Complaint under DV Act not maintainable when all alleged incidents took place in USA - Held that the Act does not have extra-territorial operation and courts in India cannot assume jurisdiction (Paras 5-10).
Issue of Consideration
Whether the Magistrate's Court in India has territorial jurisdiction to entertain a complaint under the Domestic Violence Act, 2005, when the alleged acts of domestic violence occurred entirely outside India.
Final Decision
The High Court allowed the petition and quashed FIR No. 152 of 2016 registered at Bhandup Police Station, Mumbai, and all proceedings arising therefrom.
Law Points
- Territorial jurisdiction
- Domestic Violence Act
- 2005
- Extra-territorial application
- Quashing of FIR
- Abuse of process of law
