JUDGMENT
H.K. Sandhu, J.
1. Karambir and others have filed this petition under Section 482 Cr.P.C. for quashing of the FIR No. 55, dated 30.3.1993, registered at Police Station Nuh, District Gurgaon, under Section 498A of the Indian Penal Code. ‘
2. The impugned FIR was registered on the basis of the application addressed the Station House Officer, Police Station Nuh, by Udey Ram Sharma Respondent No. 2. The facts stated in the First Information Report are as under:–
The applicant had a daughter named Ram Sakhi, who was married to Karambir Sharma, resident of village Janti according to Hindu rites. Ram Sakhi was given dowry articles according to the capacity of the applicant but her husband and his parents were not satisfied with the dowry and they taunted Ram Sakhi. Karambir and his brother asked Ram Sakhi to bring a scooter and told her that in case, their demand was not met, they will turn her out of the house after assaulting her. A panchayat was taken to the house of Karambir and they entreated the parents of Karambir to treat Ram Sakhi properly but Ram Sakhi was maltreated. She was ultimately turned out of the house and for the last two years she residing with the applicant.
3. The petitioners alleged that only allegation in the First Information Report related to an offence under Section 498A of the Indian Penal Code, which was alleged to have been committed in village Janti, Tehsil and District Rewari and the Courts at Gurgaon had no jurisdiction to try the offence. The First Information Report was liable to be quashed on this ground alone. It was further alleged that dispute with Ram Sakhi had been amicably settled and she had filed a petition for divorce alongwith Karambir under Section 13B of the Hindu Marriage Act and the marriage between the parties had been dissolved. An agreement was also entered into between petitioner No. 1 and his wife Ram Sakhi, in pursuance of which an amount of Rs. 60,000/- was deposited with the State Bank of Patiala, Gurgaon on 30th December, 1992 in the name of Ram Sakhi and Karambir and this amount was payable to Ram Sakhi after dissolution of her marriage by a decree of divorce.
4. Notice of this petition was given to respondent No. 2 Udey Ram Sharma at whose instance the impugned FIR was registered and he did not submit any reply nor his Counsel addressed any argument.
5. The only contention of the learned Counsel for the petitioner was that no offence under Section 498A of the Indian Penal Code was committed within the jurisdiction of Police Station Nuh, District Gurgaon and the First Information Report was liable to be quashed on this short ground alone. Moreover, dispute between Karambir and his wife Ram Sakhi had been settled. The marriage between the parties had been dissolved and Ram Sakhi had been given Rs. 60,000/-. Ram Sakhi too had filed a complaint against some of the petitioners which she withdrew as a result of the compromise, which was evident from the affidavit sworn by her, copy of which was Annexure P.5.
6. As per allegations made in the First Information Report offence under Section 498A of the Indian Penal Code was alleged to have been committed at village Janti, District Rewari while the First Information Report is registered at Police Station Nuh, District Gurgaon. Under the Code of Criminal Procedure, the offence has to be tried at the place where it is committed and Section 498A IPC does not fall under any exception given in the Code. The First Information Report Annexure P.1 is, therefore, liable to be quashed on this ground alone. Hari Prem Rastogi v. Union Territory, Chandigarh, 1994(I) Recent Criminal Reports 5 expresses similar view. Even otherwise when the marriage between Karambir petitioner and Ram Sakhi stands dissolved and all the matrimonial disputes have been settled between the parties, the continuation of proceedings at the instance of father of Ram Sakhi will amount to an abuse of process of the Court. As a result, I allow this petition and quash the impugned First Information Report Annexure-I.