RATHORE, J. - (1.) BRIEF facts of the case are that the petitioner Vishal Maheshwari married the daughter of respondent No. 3 on 31. 1. 2004 at Jaipur. After marriage, the bride and the bridegroom were sent by the parents of the bridegroom to Europe for honeymoon and thereafter, the girl started residing at Malviya Nagar, Jaipur at her marital house. After some time of the marriage, misunderstanding cropped up between the husband and wife and as the situation become worse, the father of the girl thought it proper to bring his daughter to Karnal and the girl went to her parental house of Karnal on 15. 7. 2004.
(2.) THE controversy arise when a criminal complaint (a regular FIR) bearing No. 423/2004 came to be registered at Police Station Gharaunda, Karnal, for the offences punishable under Sections 498-A, 406 and 506 IPC against the petitioners and this present petition has been filed invoking jurisdiction of Article 226 read with 227 of the Constitution of India for getting the FIR quashed. The respondent raised preliminary objection regarding maintainability of this writ petition on the ground that the aforesaid FIR was lodged on the basis of compliant filed by respondent No. 3 in the court of Ilaqua Magistrate at Karnal who vide his order dated 5. 11. 2004 forwarded the same to the SHO PS Gharaunda (Karnal) for investigation. During the course of investigation when the accused were sought to be interrogated by the Haryana Police, all the six accused persons namely; Vishal son of Anil Maheshwari, Anil son of late Shri RK Maheshwari, Smt. Mona wife of Anil Maheshwari, Rohit son of Anil Maheshwari, Gopal son of late Shri RK Maheshwari and Amit son of Gopal applied for grant of anticipatory bail to this Hon'ble Court and this Court granted them only transitory bail for a period of four weeks by its order dated 8. 12. 2004 to enable all the accused to approach the court of competent jurisdiction in this State of Haryana within the period of four weeks and it was directed that this order of transitory bail would remain in force only upto 6. 1. 2005. All the aforesaid six accused persons applied for anticipatory bail in the court of Sessions Judge Karnal who vide his order dated 28. 12. 2004 accepted the anticipatory bail petition of accused Gopal, Amit and Rohit for a limited period of 40 days with a direction to approach the court of Ilaqua Magistrate for regular bail. Subsequently, these three accused filed bail petition in the court of Ilaqua Magistrate who vide his order dated 18. 1. 2005 granted regular bail to these three accused. However, anticipatory bail for remaining three accused namely; Vishal, Anil and Smt. Mona was rejected. Out of these three, two accused persons namely; Anil and Smt. Mona Maheshwari approached the Hon'ble Punjab and Haryana High Court at Chandigarh for anticipatory bail. During pendency of the aforesaid anticipatory bail before the Punjab and Haryana High Court, the petitioners filed present writ petition for quashing and setting aside the FIR No. 423/04 lodged at Police Station Gharaunda, District Karnal and this court has passed an ex parte interim order dated 10. 1. 2005 to the effect that in the meantime the petitioners may not be arrested pursuant to FIR No. 423/2004 dated 10. 11. 2004. The bail application pending before the Punjab & Haryana High Court was withdrawn by the petitioners on 27. 1. 2005.
(3.) BY placing the aforesaid facts, learned counsel for the respondents tried to make out the case that the petitioners are guilty of playing hide and seek game and concealing material facts from this court. It is given out that the petitioners also moved a petition under section 407 read with section 482 Cr. P. C. for transferring the trial of the case bearing FIR No. 423/04 dated 10. 11. 2004 under sections 498-A/406/506 IPC registered at Police Station Gharaunda, Tehsil & District Karnal (Haryana), pending in the court of Judicial Magistrate Ist Class, Karnal to any other court of competent jurisdiction at Rohtak, Gurgaon or any other court outside the Karnal Sessions Division and this petition is registered as criminal misc. No. 30612/05 "vishal Maheshwari & Others vs. State of Haryana & Another" and same is pending with Punjab & Haryana High Court. Learned counsel appearing for the petitioners Mr. Bajwa has raised several question of law to make out his case that this court has jurisdiction to quash and set aside the FIR lodged in the State of Haryana and referred several provisions of Cr. P. C. and more particularly sections 156, 157, 173, 178, 167, 170, 169 and 179 and he also referred sections 11, 12, 14, 15, 18, 81 and placed reliance on the judgment in the case Navinchandra N. Majithia vs. State of Maharashtra & Others reported in 2002 (2) Supreme Court 136 wherein the Bombay High Court has held as under:- " FIR registered at Shillong-Major portion of facts leading registration of FIR took place at Mumbai-Major portion of investigation of case under FIR has to be conducted at Mumbai itself-Mumbai High Court has jurisdiction to exercise power under Article 226 read with section 482 Cr. P. C.-Investigation transferred to Mumbai Police for further investigation". And after placing reliance on this judgment Shri Bajwa submits that the marriage solemnized here at Jaipur and the husband and wife reside for some time in Malviya Nagar. Major portion of cause of action and the facts leading to registration of FIR took place at Jaipur and this court is having jurisdiction to hear the writ petition for quashing and setting aside the FIR. ;