Nitish Banka

    • Quash 498a FIR registered at wrong place

    Quash 498a

    Quashing of 498a happens in very rare occasions may be 5% cases are eligible for quash 498a. The 498a case can be quashed on the basis of vague allegations on relatives.

    But mostly on the quashing of 498a happens on the basis of Jurisdiction.

    Test if FIR can be quashed on basis of Jurisdiction

    To quash 498a the most common test is if the FIR is filed in parental home and she alleges allegations in the matrimonial home. Then there are good chances to quash 498a based on such facts.

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    Judgments to quash 498a on grounds of Jurisdiction

    Territorial Jurisdiction under section 177 Crpc

    In Manish Ratan V state of MP 2007 (1) SCC 262 Merely wife was forced to leave home to Datia from Jabalpur, the courts at Datia will have no jurisdiction. In this case, the case was transferred to Datia from Jabalpur.

    In Manoj Kumar Sharma Vs, State of Chattisgarh 2016 (9)SCC 1

    The offense of dowry death happened in Ambala but Fir was lodged in Chattisgarh there was no allegation of continuing cruelty, therefore, registration of FIR in Durg was without jurisdiction and hence it was quashed.

    In Dharam Raj V state of UP.2006(2) ADJ 403

    The allegation of dowry demand and harassment as per the FIR alleged to have happened in Tadwa, Jaunpur Sultan pur and Gorakhpur the courts in Lucknow was held to have no Jurisdiction.

    Hiralal Agarwal Vs. State of Orissa 2006 Cri LH 3809

    Complainant stayed in Talcher and FIR was lodged in Bargarh demand of dowry alleged to have taken place in Talcher and no allegation in FIR to suggest that the demand of dowry took place in Bargarh the proceedings pending in Bargarh court was quashed.

    Debabrata Saha V. State of Jharkhand.

    The demand of dowry and harassment was confined to matrimonial home at Kolkata and no demand of dowry took place in Dhanbad. Acceptance of dowry articles in Dhanbad also does not constitute an offense or part of the cause of action.

    By Adv.Nitish Banka

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