Case Note & Summary
The petitioners, Mohamed Rizwan Memon, his wife Nida Rizwan Memon, and Nausheen Hasan Memon, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 33/2016 registered at Khadak Police Station, Pune, Maharashtra, and the consequent Criminal Case No. 368/2016 pending before the competent court at Pune. The FIR was lodged by respondent No. 3, Afreen Faizan Memon, alleging offences under the Dowry Prohibition Act, 1961. The petitioners contended that the alleged dowry demand and harassment occurred in Goa, where the complainant and petitioners reside, and that the FIR was registered in Pune without any cause of action arising there. The court examined the factual matrix and found that the complainant, a resident of Goa, married in Goa, and the alleged dowry demands and harassment took place in Goa. The only connection to Pune was that the complainant's sister resided there, but no part of the alleged offence occurred in Pune. The court held that the territorial jurisdiction to investigate and try the offence lies with the courts in Goa, not Pune. Consequently, the FIR and the criminal case were quashed as being without jurisdiction. The court also noted that the petition was maintainable under Section 482 Cr.P.C. despite the availability of alternative remedy, as the FIR was manifestly illegal for want of jurisdiction.
Headnote
A) Criminal Procedure - Territorial Jurisdiction - Quashing of FIR - Section 482 Cr.P.C., Articles 226, 227 Constitution of India - FIR registered at Pune for alleged dowry demand and harassment that occurred in Goa - Held that the court at Pune lacks territorial jurisdiction as the cause of action arose entirely in Goa, and the FIR is liable to be quashed (Paras 1-10).
Issue of Consideration
Whether the FIR registered at Khadak Police Station, Pune, Maharashtra, for offences under the Dowry Prohibition Act, 1961, is maintainable when the alleged dowry demand and harassment occurred in Goa, and the complainant resides in Goa.
Final Decision
The petition is allowed. FIR No. 33/2016 registered with Khadak Police Station, Pune and Criminal Case No. 368/2016 pending before the competent Court at Pune are quashed and set aside.
Law Points
- Territorial jurisdiction
- Quashing of FIR
- Dowry Prohibition Act
- Code of Criminal Procedure
- 1973
- Section 482 Cr.P.C.
- Articles 226 and 227 of Constitution of India
Case Details
Criminal Writ Petition No. 53 of 2017
C.V. Bhadang, Prithviraj K. Chavan
Nitin Sardessai, S. Borkar, Pravin N. Faldessai, Shreyas S. Adyanthaya
Mohamed Rizwan Memon, Mrs. Nida Rizwan Memon, Mrs. Nausheen Hasan Memon
The State of Goa, The Police Inspector, Khadak Police Station, Pune, Mrs. Afreen Faizan Memon
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Nature of Litigation
Criminal writ petition seeking quashing of FIR and criminal case for lack of territorial jurisdiction.
Remedy Sought
Quashing of FIR No. 33/2016 registered at Khadak Police Station, Pune and Criminal Case No. 368/2016 pending before the competent court at Pune.
Filing Reason
The FIR was registered at Pune despite the alleged dowry demand and harassment occurring in Goa, where the complainant and petitioners reside.
Issues
Whether the FIR registered at Pune is maintainable when the alleged offence occurred in Goa.
Submissions/Arguments
Petitioners argued that the entire cause of action arose in Goa, and the FIR at Pune is without jurisdiction.
Respondent No. 3 argued that the FIR was correctly registered at Pune as the complainant's sister resides there.
Ratio Decidendi
The territorial jurisdiction to investigate and try an offence is determined by the place where the cause of action arises. Since the alleged dowry demand and harassment occurred in Goa, the courts in Pune lack jurisdiction, and the FIR is liable to be quashed.
Judgment Excerpts
By this petition, under Articles 226 and 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973, the petitioners are seeking quashing of FIR No. 33/2016, registered with Khadak Police Station, Pune and the consequent Criminal Case No. 368/2016, before the competent Court at Pune (Maharashtra).
The brief facts necessary for the disposal of the petition may be stated thus: That, the petitioner No. 1 is the husband of the petitioner No. 2 and the petitioner No. 3 is the sister of the petitioner No. 1.
Procedural History
The petitioners filed Criminal Writ Petition No. 53 of 2017 before the High Court of Bombay at Goa seeking quashing of FIR No. 33/2016 registered at Khadak Police Station, Pune and Criminal Case No. 368/2016 pending before the competent court at Pune. The petition was reserved on 8th September 2017 and pronounced on 14th September 2017.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Constitution of India: 226, 227
- Dowry Prohibition Act, 1961:
