• File FIR in different state

Dear All,

I got married in November (2012) in Tamilnadu and I am staying here for the last 20 years.

I got this marriage proposal through a friends & relatives in Tamilnadu only. She and her parents stay here in Karanataka and our marriage happened in Tamilnadu . 

two days back she made a complaint in a Police station (Bangalore,Karanataka) and they are claiming that it Is her staying and hence they want to put on the FIR there itself. DP Act and 498A,506.34,504 and 323
My question is, when we got married, we all are staying in Tamilnadu and our marriage also happened in Tamilnadu only. Can she report / complaint /File a case in a different State just because she has her friends and few relatives who have political and police support so that they can trouble me with false complaint and allegations? 

Do I have any right / any section to question why the police is accepting the case when we stay and the marriage took place in a different State? Please help me with the details as I want to counter the situation.

Regards
Asked 5 years ago in Criminal Law
Religion: Hindu

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14 Answers

See file a quashing petition before the high court to quash the FIR on the grounds of jurisdiction as you have not went to Karnataka and there is no cause there the FIR is not filed at proper police station the high court shall quash same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) FIR can be filed in any state 

2) There's every chance of your detention. Please seek anticipatory bail from the district judge/sessions judge having territorial jurisdiction. Act swiftly

 3) File for divorce in family court. If your marriage happened in T.N. you can file for divorce there. 

 


As an advocate I'm supposed to furnish legally tenable replies, not replies which are palatable to you

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1544 Answers
5 Consultations

4.4 on 5.0

1) it is necessary to peruse allegations made in FIR 

 

2) if part of cause of action has arisen in Karnataka case can be filed in Karnataka 

 

3) merely because marriage was solemnised in tamila nadu and you have stayed in TN does not mean case cannot be filed in Karnataka 

 

4) her case would be demands for dowry were made in Karnataka hence case filed in Karnataka 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have neen harassed for no reason.
  2. Let me tell you that the point is not as to where you got married, but the place where the incident was happened.
  3. If she is alleging that the incident is of Tamilnadu, then she can’t file the FIR in other state.
  4. Only civil proceedings can be filed in either of the state where any party has been residing.
  5. Of nothing works out, then you file the quashing of the FIR on the ground of jurisdiction issue.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

1. Previously police of the place where the cause of action i.e. the reported incident took place, used to register FIR u/s498A of IPC alleging dowry harassment.

 

2. Supreme Court and other High Courts now opine that harassment is a continuous process and its effect is carried to the place where the wife takes up residence after leaving her husband's residence.

 

3. so, based on the above agreement, the police station of Bangalore has registred the said FIR u/s498A of IPC which you shall now have to contest fittingly after availing anticipatory bail.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1) She can make complaints but it's depends upon police whether register or call other party for investigation in the police station.

 

2) After once you visit in the police station the police try to compromise and ask both the party behave well.

 

3) For DV act and 498A other section need to investigate properly then its case is registered.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear Cleint,

Criminal case will file where incident of crime occurred but by false allegations, jurisdiction of her place can be made. You can approach High Court for quash of FIR for lack of jurisdiction.

Rest maintenance and domestic violence case can be file at her place.

Yogendra Singh Rajawat
Advocate, Jaipur
22591 Answers
31 Consultations

4.4 on 5.0

Firstly, do not go to the Police Station just because they call. Always take a Anticipatory Bail and then go.

Ask them to send a notice etc to you before just calling you to Police Station. If you say this, then they will usually not send anything as sending the notice means registering the complaint which they cannot do.

You are speaking of the jurisdiction, which you can very well challenge in the court. But with Police you cannot talk all this.

 

Usually what they will do is call you, and later if you don't agree for her demands, then they will register a complaint saying you hit her in Bangalore.

 

As of now they are just trying to scare you and put you under pressure.

 

Whatever be the case don't go to the Police Station. Approach a local Advocate in Bangalore and ask them to file your Anticipatory Bail application. Once you get your Anticipatory Bail, you can then come and visit the Police Station.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

She can file either the criminal cases or divorce at the place of her marital home or matrimonial home or place where she is residing presently or at the place of her parental home.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can challenge the jurisdiction of the said Complaint and oppose the same.

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

The FIR can be registered at the Karnataka as that is their home and it is also in the jurisdiction in case you have any problem with the location then you can go to the supreme court and get the case transferred in Tamilnadu

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You say that the cause of action took place in Tamilnadu only hence she is not eligible to make a complaint with the Bangalore police.

You can challenge the geographical jurisdictional limit only in the trial court, but you have to make sure to produce the evidence of her residing in Tamilnadu while contesting her false case in Karnataka.

The police under the influence may register such false cases, hence you cannot blame the system, your next option is to fight back properly on merits and documentary evidences in your support.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You have to approach the high court for quashing the FIR.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

Dear Sir,

You have raised a very beautiful question. The police exercising extra jurisdictional powers wherein they are not vested with powers. It is jurisdictional error to register such FIR against you. If they venture a false case against you without jurisdiction then the only option for you to approach High Court of Karnataka and get stay of the same and later it will be quashed. In the meanwhile you may write letters to the concerned ACP/DCP and Bengaluru Police Commissioner about the master plan of local police of Bengaluru to register a case against you though they have no jurisdiction. Consult an experienced advocate.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

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