VIKAS KUMAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sanjay Kumar, learned counsel for the petitioners and Mr. Rajesh Kr. Mishra, learned A.P.P. for the State.

(2.) In this application, petitioners have prayed for quashing of the entire criminal proceedings in connection with C.P. Case No. 932 of 2015, including the order dated 01.12016 passed by the learned Chief Judicial Magistrate, Bokaro, whereby and where under cognizance has been taken against the petitioners for the offences punishable u/ss. 498A 307/34 of the Indian Penal Code.

(3.) It has been submitted by the learned counsel for the petitioners that earlier a complaint case was instituted by the opposite party no. 2 being C.P. Case No. 228 of 2014 which ended in a compromise. Learned counsel for the petitioners submits that the allegation made in the subsequent complaint do not reveal any occurrence having taken place in the District of Bokaro and, therefore, the court at Bokaro does not have the territorial jurisdiction to try the case. Learned counsel for the petitioners further submits that when the opposite party no. 2 was taken away by her relatives the case was instituted by the husband of the opposite party no. 2, which also ended in a compromise. Learned counsel for the petitioners submits that the husband of the opposite party no. 2 has also filed a suit for restitution of conjugal rights much prior to the institution of the complaint case. It has thus been submitted that the entire scenario reveals malicious prosecution in the part of the complainant in implicating the petitioners.