Sandeep Mehta , J. - (1.) The present misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioners seeking quashing of the proceedings going on against them in the Court of Addl. Civil Judge (Sr. Division) and Addl. Chief Judicial Magistrate), Nagaur in Criminal Case No. 411/2005 for the offences under Sections 498-A and 406 I.P.C. on the ground that the Court at Nagaur has no territorial jurisdiction to try the case. Assailing the proceedings, learned counsel for the petitioners has submitted that in this case, admittedly, the marriage between the complainant respondent No. 2 and the petitioner No. 1 took place at Udaipur and all the so called acts of cruelty etc. with the complainant have admittedly taken place at Udaipur and, therefore, the Court at Nagaur has no territorial jurisdiction to try the offences under Sections 498-A and 406 I.P.C. because no cause of action has arisen for the trial of the case to be done at Nagaur.
(2.) Arguing for quashing of the proceedings, Mr. M.K. Garg, learned counsel for the petitioners submitted that in this case, the complainant in her F.I.R. has come up with a specific case that the marriage between the complainant respondent No. 2 and the petitioner No. 1 took place at Udaipur and she has alleged that she was harassed and humiliated on account of bringing less dowry by the accused persons at Udaipur only and, as such, the Court at Nagaur cannot hold trial of the case as it lacs territorial jurisdiction for proceeding with the matter. The petitioners have filed an application under Section 177 Cr.P.C. before the learned trial Court seeking dropping of the proceedings against them, which has been rejected by the order dated 14.12.2007 passed by the learned trial Court.
(3.) Reference has been placed on the decisions of the Hon'ble Apex Court in the cases of Y. Abraham Ajith & Ors. v. Inspector of Police, Chennai & Anr., reported in AIR 2004 SC 4286 and Bhura Ram & Ors. v. State of Rajasthan & Anr., reported in AIR 2008 SC 2666 .;