Case Note & Summary
The petitioners, 13 individuals, were aggrieved by an order dated 17.03.2012 passed by the Judicial Magistrate First Class, Nandurbar, issuing process against them in a complaint filed by respondent No.2 (Rekha @ Shradha Gajanan Hivarkar) under the Protection of Women from Domestic Violence Act, 2005. The petitioners also challenged the judgment dated 11.11.2014 of the Sessions Judge at Nandurbar dismissing their revision petition. The core issue was territorial jurisdiction: the alleged domestic violence occurred at Tenbhurne, Taluka Khamgaon, District Buldhana, but the complaint was filed at Nandurbar. The petitioners argued that no part of the cause of action arose within Nandurbar's jurisdiction, and the courts below erred in assuming jurisdiction. The respondent No.2 contended that she was residing at Nandurbar after leaving her matrimonial home, but the court found that the alleged incidents took place at Tenbhurne. The High Court held that under Section 177 of the Code of Criminal Procedure, 1973, every offence shall be inquired into and tried by a court within whose local jurisdiction it was committed. Since the alleged domestic violence occurred at Tenbhurne, the Nandurbar court lacked jurisdiction. The court further noted that the revisional court failed to appreciate this legal position. Consequently, the High Court quashed the order issuing process and the revisional judgment, allowing the petition. The court clarified that the petition was restricted to petitioner Nos. 5 to 13, but the reasoning applied to all accused.
Headnote
A) Criminal Procedure Code - Territorial Jurisdiction - Section 177 Cr.P.C. - Quashing of Process - The complaint alleged domestic violence at Tenbhurne, Buldhana, but was filed at Nandurbar without any part of cause of action arising there. The Magistrate issued process without verifying jurisdiction. Held that the order issuing process and the revisional order confirming it are unsustainable and liable to be quashed. (Paras 1-5) B) Protection of Women from Domestic Violence Act, 2005 - Territorial Jurisdiction - Section 12 read with Section 177 Cr.P.C. - The complaint under the Domestic Violence Act must be filed in the court within whose local jurisdiction the alleged domestic violence occurred. Since the incident took place at Tenbhurne, Buldhana, the Nandurbar court lacked jurisdiction. Held that the proceedings are an abuse of process of court. (Paras 3-5)
Issue of Consideration
Whether the Judicial Magistrate First Class, Nandurbar had territorial jurisdiction to take cognizance and issue process against the petitioners for offences under the Domestic Violence Act, 2005, when the alleged incident occurred at Tenbhurne, Taluka Khamgaon, District Buldhana.
Final Decision
The petition is allowed. The order dated 17.03.2012 passed by the Judicial Magistrate First Class, Nandurbar issuing process and the judgment dated 11.11.2014 passed by the Sessions Judge, Nandurbar dismissing the revision petition are quashed and set aside. Rule is made absolute.
Law Points
- Territorial jurisdiction
- Section 177 Cr.P.C.
- Domestic Violence Act
- 2005
- Quashing of criminal proceedings
- Abuse of process of court
