- (1.) The petitioners have filed the present petition under Section 482 Cr.P.C. seeking quashing of the FIR and the final report prepared under Section 173 Cr.P.C. as well as the charge-sheet and the charge framed under Section 498-A, 406 IPC.
(2.) The challan had been filed in 2012. Charge was framed in January, 2013 and the present petition was filed in July, 2015. The trial had made a head way and in the middle of the proceedings which this petition was presented, therefore, limited notice regarding maintainability of the petition was issued.
(3.) The submission on behalf of the petitioner is that petitioner no.1 is the father-in-law while petitioner no.2 is the brother-in-law and the husband of the complainant is a proclaimed offender and is abroad and the marriage had taken place in Mohali and the dowry articles were handed at Mohali and the demand of Istridhan even it is prima facie accepted, that too is at Mohali and only the Courts at Mohali would have the jurisdiction. It was urged that in Harjeet Singh Ahluwalia Vs. State of Punjab and another, 1986 CrLJ 2070 this Court had considered the provisions contained in Section 181(4) Cr.P.C. and had rejected the argument that the dowry articles have to be returned wherever the complainant moves after the return from the matrimonial home. The counsel had referred to para no.8 of the judgment and had led stress on the observations made therein. It was urged that the offence of cruelty cannot be said to be continuing as contemplated in Section 171 of the Code and the alleged cruelty could occur only at the place where the husband and his family were residing after the marriage. Reliance was placed upon Amarendu Jyoti Vs. State of Chattisgarh, 2014 3 AllCriR 2740, Manish ratan and others Vs. State of M.P. and another, 2007 2 AllCriR 1451, Bhura Ram and others Vs. State of Rajasthan and another, 2008 2 AllCriR 2089 , Naresh Kumar and others Vs. Chanchal Rani and others, 2010 2 RCR(Cri) 668 and Jasjit Singh Bakshi and others Vs. State of Punjab and another, 2008 3 RCR(Cri) 170.;