Territorial jurisdiction.
Vick
(Querist) 01 June 2013
This query is : Resolved
My wife / complaianant filed a false 498A on me in Delhi , she lived in Mumbai with me for 4-5 weeks and has alleged that the harrasment / cruelty done by me on her was in Mumbai.
She takes a train and goes to Delhi and files a 498A.
Can this be quashed us 482 , Territorial Juisdiction. See attached files pls.Bhajan lal v/s State of Haryana , Y abraham ajit v/s INSPECTOR , SUPREME COURT SUNITA KUAMRI KASHYAP v/s STATE OF BIHAR.
If some can guide me i will be really grateful. I have taken up studying law 1 month back.
ajay sethi
(Expert) 01 June 2013
it is necessary to go through the allegations made in complaint to advise . is she residing in delhi at present . has she in her complaint not mentioned about any incidents that happened in delhi regarding dowry harrassment
Vick
(Querist) 01 June 2013
hi ajay ,
thanks for the reply. she is living in delhi , actually she doesnt live in del,but stays with her mother in indrapuram , gaziabad , she has a house in vikaspuri delhi , where she lodged case , the case was registered when vikaspuri PS refused to take FIR , she filed u/s 156(3) from the court., i or my family have never been tso Vikasppuri. the alleged harrsment was done in mumbai and noida UP. and comlaint is at vikaspuri delhi, her EX husband paid her 5,00,000.00 rs to settle score with her.
Vick
(Querist) 10 July 2013
Hi Sudhir , Mariage took place in Delhi , after mrriage c/w (complainant/wife) came to our house in Noida, U.P. stayed there for 5 days and then to Ghaziabad to stay with me and finally came to Mumbai, where i was woring before.
Guest
(Expert) 10 July 2013
No attachment is found along with your original query. However, she can file a complaint at a place where marriage took place. She seems to have been guided well by some experienced fellow before filing a complaint. Better be on alert for timely action before the events take some serious turn.
Vick
(Querist) 10 July 2013
Dhingra ji,
Thanks for your suggestion. the case was registered in april 2008 in Vikaspuri , Delhi , c/w has alleged in the FIR that me and my famiy went to the house of Vikaspuri and demanded money , (Neither me nor any of my Family members have ever seen Vikaspuri)and taunted her in Noida (my Mothers home) or Ghaziabad (where i stayed with c/w) or Mumbai (the place i live in and c/w also joined me in mumbai for 3 weeks).
i have been jailed in Tihar jails ,Delhi , for 22 days.
i have a few queries :
1. if the allegations in the FIR does not come under the definition of 498A of IPC a & b, can i go for discharge U/S 239 of crpc.
2.
a) FIR registered u/s 156 (3) in MARCH 2008 and CS filed on JAN 2010 , is this normal ?
b) after the CS is submitted in JAN 2010 , i am yet to get the CS , is this normal ?
c) will this exceptional delay benefit me in any way whilst i am going for Discharge U/S 239 or Quashing on T.J (Territorial jurisdiction)grounds U/S 482.
d) if i m moving for discharge U/S 239 can i parallely go for Quashing U/S 482 , T.J. in the High court ? what are the consequences ?
3) Delhi Police came to Mumbai along with girls mama and arrested me from my home and instead of taking me to local mumbai police and seek transit remand , took me away in my car to delhi , while reaching delhi , the cops (Sub inspector & jawan) accompanying me got down and new cops come and , when i am taken to VIKASPURI police station , the report is made that i have surrendered myself.? is this normal. can i do someting about this situation ?
4) can i go for discharge before the CS is given to me ?
5) 177 & 178 crpc is continuance of offence what does it mean ? the alleged atrocities , beating , taunts were done in the 1st five days of the C/W in Noida , U.P , then in Mumbai (Maharashtra) and 1 incidence of demand of money has taken place in delhi as per the FIR. is this enough to prove continuance of the offence and makes the JURISDICTION of the case to be tried in Delhi Courts.?
6)is the demand of dowry not detailed / specified / quantified or documented before , after or at the time of Marriage? mere allegation of "dahej bhi kam diya hai" makes an allegation or Demand of Dowry ??
a) if the demand of Dowry is not established or justified , CAN still there be a 498 A. ?
7) Quote .."Bijli kaa bill tera baap dega" is a taunt so cruel in nature that will drive the Woman to commit suicide or will that cause grave injury, danger to life, limb or health, whether mental or physical of the woman ? is this a valid taunt to cover the meaning & explanantion of cruelty ?
8) sec. 406 of the IPC is for misappropriation / criminal breach of trust , is it applicable for the ISTREEDAN or DOWRY.
the IStreedhan (Fridge , Radio , Juicer , microwave , quilt , pillow , big steel spoon , sock , umbrella , iron tava ....these are istreedhan)or they may be termed as DOwry ? if it is for istreedhan and duly returned and accepted by C/W ..then does that mean sec 406 of the IPC is scrapped from the accused?
&
if those items constitue the definition of Dowry , then that would mean dowry is given & duly returned ?
a) Dowry if proved then both giver and taker are punishable ?
9) how serious is a CASH transaction in such cases of 498A ? ex.: due to dire need of money Rs. 1 Lac was given , due to the requiremt of the time Rs. 50,000 was given , spent 5 lac on marriage., shagun 31,000 etc etc. ALL CASH ?
10) c/w has also taken Rs. 5 Lacs from her Ex-husband, will this be a beneficial point for me ?
11) while i was undergoing JC , the c/w posted herself on a matrimonial portal again for finiding prospective Grooms .... is this finding beneficial for me ?
12) how good are mobile recorded conversation which are now transferred in my Ext. HDD. ?
Guest
(Expert) 10 July 2013
Dear Vick,
Enough is never enough in legal issues. Appropriate and solid evidence is always the pre-requisite to sort out the matter by linking those to the sequence of events.
However, with reference to details provided by you, I can only say that any inference can be arrived at with reference to and on detailed study of the case related documents and subsequent detailed discussions on each of your points by an expert. Since such detailed description may lead to raising of several resultant questions needing much more information of vital nature, reply to all your points may require several pages to finally jot down here for your guidance.
So, it would be better if you consult some local expert by making him examine the case related documents.
I may however advise you to take on record all the evidence that may help you. For example, proof of cash taken from her ex-husband and print out of her profile from the matrimonial portal with date stamp of the website from time to time, etc.
Vick
(Querist) 10 July 2013
Dhingra ji ,
Thanks again.
i have the proof by way of court documentthat the Ex-husband paid 5 lacs. besides i also have the screenshot of her profile the day she was seeking groom on the matrimonial portal.
how about discharge and quashing ?
Guest
(Expert) 10 July 2013
You are welcome. About screenshot, you may also please check on what date that profile was created, whether before or after the date of her marriage with you.
Vick
(Querist) 10 July 2013
Dhingra ji ,
the profile was created after i was lodged in Tihar jail.
how about discharge and quash on the grounds i stated before.
thanks
Sudhir Kumar, Advocate
(Expert) 11 July 2013
if marriage took place in delhi then delhi police gets jurisdiction.
Sudhir Kumar, Advocate
(Expert) 11 July 2013
you are not clear of the facts.
If there is arrest then there is FIR and if there is FIR there would have been a CAW case as well. If there was CAW case then there was some discord also.
Sudhir Kumar, Advocate
(Expert) 11 July 2013
Any way your questions are replied as under :-
a) FIR registered u/s 156 (3) in MARCH 2008 and CS filed on JAN 2010 , is this normal ?
Ans : Yes. It does happen.
b) after the CS is submitted in JAN 2010 , i am yet to get the CS , is this normal ?
Ans : You have a right to have copy.
c) will this exceptional delay benefit me in any way whilst i am going for Discharge U/S 239 or Quashing on T.J (Territorial jurisdiction)grounds U/S 482.
Ans : possible
d) if i m moving for discharge U/S 239 can i parallely go for Quashing U/S 482 , T.J. in the High court ? what are the consequences ?
Ans : you cannot sail in tow boats.
3) Delhi Police came to Mumbai along with girls mama and arrested me from my home and instead of taking me to local Mumbai police and seek transit remand , took me away in my car to delhi , while reaching Delhi , the cops (Sub inspector & jawan) accompanying me got down and new cops come and , when i am taken to VIKASPURI police station , the report is made that i have surrendered myself.? is this normal. can i do someting about this situation ?
Ans : The surrender report made your bail easy. SO Delhi police has hidden the fact that they have to go for hot pursuit till Mumbai. When you were being takne without transit remand you could have reported matter t border police.
4) can i go for discharge before the CS is given to me ?
Ans : why do not you get a copy from court. Why want to got to court with half facts.
5) 177 & 178 crpc is continuance of offence what does it mean ?
Ans :
177. Ordinary place of inquiry and trial. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
178
78.Place of inquiry or trial. (a) When it is uncertain in which of several local areas an offence was committed, or
(b) where an offence is committed, partly in one local area and partly in another, or
(c) where an offence, is a continuing one, and continues to be committed in more local areas than one, or
(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas
the alleged atrocities , beating , taunts were done in the 1st five days of the C/W in Noida , U.P , then in Mumbai (Maharashtra) and 1 incidence of demand of money has taken place in delhi as per the FIR. is this enough to prove continuance of the offence and makes the JURISDICTION of the case to be tried in Delhi Courts.?
Ans : Yes
6)is the demand of dowry not detailed / specified / quantified or documented before , after or at the time of Marriage? mere allegation of "dahej bhi kam diya hai" makes an allegation or Demand of Dowry ??
Ans : what do you mean documented. Dowry demand is always verbal and still constitutes an offnce.
a) if the demand of Dowry is not established or justified , CAN still there be a 498 A. ?
Ans : you have to prove that there was no demand
7) Quote .."Bijli kaa bill tera baap dega" is a taunt so cruel in nature that will drive the Woman to commit suicide or will that cause grave injury, danger to life, limb or health, whether mental or physical of the woman ? is this a valid taunt to cover the meaning & explanantion of cruelty ?
Ans : Yes it can be. You have not stated surrounding circumstances of this taunt and you have also not denied having made such taint. You appears rightly framed.
8) sec. 406 of the IPC is for misappropriation / criminal breach of trust , is it applicable for the ISTREEDAN or DOWRY.
the IStreedhan (Fridge , Radio , Juicer , microwave , quilt , pillow , big steel spoon , sock , umbrella , iron tava ....these are istreedhan)or they may be termed as DOwry ?
Ans : Yes 406 applies.
Reads section 2 of Dowry ProhibitionAct
2. Definition of "dowry". In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly- (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by a other person, to either party to the marriage or to any other person; at or before or after the marriage us consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation I.-For the removal of doubts, it is hereby declare that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.
Section 6
6. Dowry to be for the benefit of the wife or her heirs. (1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman- (a) if the dowry was received before marriage, within one year after the date of marriage; or (b) if the dowry was received at the time of or after the marriage, within one year after the date of its receipt; or (C) if the dowry was received when the woman was a minor, within one year after she has attained the age of eighteen years; and pending such transfer, shall hold it in trust for the benefit of the woman. (2) If any person fails to transfer any property as required by subsection (1) and within the time limited therefor, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both; but such punishment shall not absolve the person from his obligation to transfer the property as required by sub-section (1). (3) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being. 177 (4) Nothing contained in this section shall affect the provisions of section 3 or section 4.
if it is for istreedhan and duly returned and accepted by C/W ..then does that mean sec 406 of the IPC is scrapped from the accused?
&
if those items constitue the definition of Dowry , then that would mean dowry is given & duly returned ?
Ans : vague question
a) Dowry if proved then both giver and taker are punishable ?
Ans : : givind dowry under duress is not punishable. Law cannot be intgerpreted so as to defeat the purpose of incorporation.
9) how serious is a CASH transaction in such cases of 498A ? ex.: due to dire need of money Rs. 1 Lac was given , due to the requiremt of the time Rs. 50,000 was given , spent 5 lac on marriage., shagun 31,000 etc etc. ALL CASH ?
Ans : You are perhaps agreeing to the allegations.
10) c/w has also taken Rs. 5 Lacs from her Ex-husband, will this be a beneficial point for me ?
Ans : It may. But merely if a woman has been paid something by earlier husband that does not mean the next husband get a license to dowry demand and domestic violence.
11) while i was undergoing JC , the c/w posted herself on a matrimonial portal again for finiding prospective Grooms .... is this finding beneficial for me ?
Ans : She has not married. She has all the right to find a match anticipating breakage of marriage.
12) how good are mobile recorded conversation which are now transferred in my Ext. HDD. ?
Ans : Vague question
Vick
(Querist) 11 July 2013
Hi Sudhir ,
Thanks for your detailed reply.
You are right that the bail was made easy because i was shown surrendered.BUT I HAVE VALID DOCUMENT WHICH WILL PROVE THAT DELHI POLICE CONDUCTED RAIDS IN MUMBAI TO ARREST ME.
However i would like to clarify that in order to make a false case of 498A various types of allegations , taunts , demand of dowry was made which is absolutely baseless and false.
why i repeated the allegations as to know even if they are taken on their face value a crime u/s 498A can be construed ? for example bijli ka bill and cash expenses etc.
dowry as explained above by you means means any property or valuable security given or agreed to be given either directly or indirectly.....CAN YOU please advise the definition of property & valuble security.
what i understood by now is demanding car , scooter , fridge , tv. , land , apartment, house , Cash or gold is something that makes the "word" Dowry. if there is no demand like any of the above or any other types of demand and mere allegation that dahej was less and gold articles are of less weight (as alleged by C/w, although vehemently denied by me)makes it a case of Dowry under the explanation of DOWRY ?
Also you have said that if marriage took place @ delhi , it makes jurisdiction for 498A. irrespective of any harassment , cruelty that constitues the crimial section. For ex. a man marries a woman living in Chennai , this in itself is a concrete basis for establishing the Jurisdictions of Chennai courts (even if the allegations are taken , although denied by me, on their Face value.
regarding discharge and quash , i understand they are to be appealed on different grounds in different courts. 1st being @ the MEtropolitan where the case is going on and 2nd at the High court which has discritionary & inherent powers to Quash.
thanks for your valuable time & look forward to hear from you soon again.
Sudhir Kumar, Advocate
(Expert) 11 July 2013
you said "BUT I HAVE VALID DOCUMENT WHICH WILL PROVE THAT DELHI POLICE CONDUCTED RAIDS IN MUMBAI TO ARREST ME."
then file case of kidnapping and wrongful confinement against delhi copes, before Mumbai Court.
Sudhir Kumar, Advocate
(Expert) 11 July 2013
you are convinced you are correct in your concepts and these concepts you want to be adjudicated by the court. If you win your are victor or else let others learn at you cost.
Vick
(Querist) 12 July 2013
thanks Sudhir , i will be doing that , but how about discharge ? and also Quash ?
Sudhir Kumar, Advocate
(Expert) 12 July 2013
I am convinced that you are heading towards path of devastation. You may try.
either you succeed or become a material for law text book for centuries.
ajay sethi
(Expert) 12 July 2013
fight case on merits .
Vick
(Querist) 13 July 2013
Need some more Experts to spare some valuable time and advice.
Guest
(Expert) 13 July 2013
If the profile was created even after marriage what to say of your lodging in Tihar jail, that is quaite a solid proof for you about his intentions of wilfull desertion and falseness of case.
Vick
(Querist) 13 July 2013
yes , Dhingra ji , profile was created and launched after i was arrested and i have the screeshot.
