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Varun Kamboj vs State Of Haryana And Another on 13 March, 2020

110/A.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-9936-2019
Date of decision:13.03.2020

VARUN KAMBOJ … Petitioner

versus

STATE OF HARYANA AND ANR. …. Respondents

CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-

Present: Mr. Rajpal Singh Chauhan, Advocate,
for the petitioner.

Ms. Priyanka Sadar, AAG, Haryana,
for respondent No.1.

Mr. Nand Lal Sammi, Advocate, and
Mr. Hitesh Kumar Sammi, Advocate,
for respondent No.2.

—-

HARI PAL VERMA, J.(Oral)

The petitioner, who is the husband of complainant-respondent

No.2, has filed the present petition under Section 482 Cr.P.C. for quashing

the FIR No.199 dated 15.05.2018 registered under Sections 323, 377, 406,

498-A, 506 and 120-B of IPC at Police Station Farakpur, District Yamuna

Nagar (Annexure P-1) and all consequential proceedings arising therefrom.

Learned counsel for the petitioner has argued that the present

FIR has been registered mainly for the reason that there are allegations

against the petitioner that he was maintaining extra marital relation with

some other lady, however, during investigation, the police did not find any

substance in those allegations. Similarly, a plot (vasika No.298, dated

04.03.2013) was purchased by the petitioner from his own funds and it is the

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petitioner who has transferred Rs.8 lacs in the account of the complainant on

18.02.2013 and besides this, he had arranged an amount of Rs.10 lacs from

his own resources, as he had taken this money from his brothers and father.

Thus, it is the petitioner, who had purchased the said plot from his funds and

there was no contribution from the complainant or her parents. He has

further argued that the present FIR is liable to be quashed on the ground of

jurisdiction as well. The cause of action, if any, has arisen in the territorial

jurisdiction of Faridabad where the parties had lastly resided together,

whereas the present FIR has been registered at Yamuna Nagar. Thus, for this

reason, the FIR needs to be quashed. There is no evidence as regard the

offence under Section 406 IPC.

Mr. Sammi, learned counsel for the complainant-respondent

No.2 has pointed out that there are specific allegations against the petitioner

in the FIR. The petitioner had been harassing the complainant on one pretext

or the other. The couple is blessed with two daughters from the wedlock but

the petitioner is not extending any help to the complainant.

I have heard learned counsel for the parties.

The argument of counsel for the petitioner as regard jurisdiction

point has been discussed in the judgment Hon’ble the Supreme Court in

Rupali Devi Versus State of Uttar Pradesh and others-2019(2)

RCR(Criminal) 795, wherein it has been held that the place where the wife

takes shelter after leaving or driven away from the matrimonial home on

account of acts of cruelty committed by the husband or his relatives, have

jurisdiction to entertain a complaint. Thus, the complainant is at liberty to

put the criminal machinery in motion by taking shelter of any place. This

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Court finds that there are serious/specific allegations against the petitioner.

Even if the petitioner is found innocent during investigation for the

allegation that he was maintaining extra marital relations with some other

lady is no ground to interfere in the FIR.

Accordingly, the present petition is dismissed and the petitioner

is required to face trial and the prosecution would be at liberty to lead their

evidence.

(HARI PAL VERMA)
JUDGE
13.03.2020
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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