- (1.) Heard Counsel for the Petitioners and counsel for the Opposite Party No. 2 as also counsel for the State.
(2.) The Petitioners in the application filed under Section 482 Code of Criminal Procedure have prayed for quashing the entire criminal proceeding pending against the Petitioners including the order of cognizance dated 11.10.2007 passed by the court below in G.R. Case No. 3256 of 2006 arising out of Dhurwa Rs. Case No. 185 of 2006 whereby cognizance for the offences under Section 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act was taken against the present Petitioners and they were directed to appear and face trial in respect of the aforesaid offences.
(3.) The Petitioners have assailed the impugned order of cognizance and the entire criminal proceeding which was initiated pursuant to the F.I.R. on the following grounds: (i) In view of the admitted facts that the entire transaction relating to the alleged offence did not occur at any point of lime within the territorial jurisdiction of the Chief Judicial Magistrate, Ranchi, the Magistrate could neither have taken cognizance of the offence nor could exercise any jurisdiction to try the case against the Petitioners in view of the prohibition under the provisions of Section 177 and 178 Code of Criminal Procedure. (ii) The F.I.R. is lodged with malafide and ulterior motives as the admitted facts would demonstrate that it was filed by the Opposite Party No. 2 by way of her retaliation against the matrimonial title suit filed by the Petitioner-husband under Section 9 of the Hindu Marriage Act. (iii) The case was instituted after a delay of more than 10 months after the Opposite Party No. 2 had left her matrimonial house and the compay of the Petitioners.;