Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under section 482 CrPC has been filed by the petitioners with a prayer for quashing the FIR No. 62/2013 dated 01.02.2013 lodged at Women Police Station, Kota City.
(2.) BY this order, the question regarding maintainability of this petition at Principal Seat of this Court at Jodhpur is being decided. The respondent No. 2 has filed a complaint before the Judicial Magistrate No. 3, Kota (North) while contending that her marriage was solemnized with petitioner No. 3 on 27.11.2010 at Jodhpur. It is also contended that prior to the marriage of the respondent No. 2 with petitioner No. 3, engagement ceremony was also taken place at Jodhpur. In the impugned FIR, the respondent No. 2 has alleged that the petitioners have committed cruelty upon her and also committed offence of breach of trust by misappropriating her Stridhan. The incidents regarding cruelty taken place at Kota have also been mentioned in the FIR. Since this Court is deciding the question of maintainability of this criminal misc. petition at Principal Seat of this Court at Jodhpur, there is no need to go into the details of the allegations levelled in the impugned FIR.
(3.) REGARDING the maintainability of this petition at Principal Seat of this Court at Jodhpur, learned Senior Advocate Mr. M.C. Bhoot assisted by Mr. Arpit Bhoot has argued that since the engagement and the marriage ceremony of the petitioner No. 3 with respondent No. 2 took place at Jodhpur, this criminal misc. petition challenging the impugned FIR, lodged at Kota, is maintainable before this Court at Jodhpur. It is contended that the complainant in the impugned FIR has alleged that she was subjected to cruelty at Jodhpur and Kota and as per those allegations she had an option to file impugned FIR either at Kota or Jodhpur and if the complainant was having option to file complaint against the petitioners at both the places, the petitioners are also having right to challenge the impugned FIR before the Principal Seat of this Court at Jodhpur though the same has been registered at Kota. Mr. Bhoot has further submitted that respondent No. 2 has got cause of action to file the criminal complaint against the petitioners in Jodhpur only because her engagement and marriage with petitioner No. 3 took place at Jodhpur and she was allegedly subjected to cruelty at Jodhpur also and when the cause of action to the respondent No. 2 to lodge the impugned FIR has arisen at Jodhpur, this criminal misc. petition challenging the validity of the impugned FIR registered at Kota is maintainable.;