Earlier, criminal proceedings could only be initiated by complainant from the place where the offence occurred as Section 177 of the Code of Criminal Procedure (CrPC) made it compulsory that a criminal case shall be filed and the trial should be conducted in courts which had jurisdiction over where a crime occurred.

A Supreme Court bench headed by Chief Justice Ranjan Gogoi has held that a woman, who is forced to leave her in-laws' home due to commission of cruelty on her, is allowed to initiate criminal proceedings under Section 498A of the Indian Penal Code from any place she sought shelter in -- be it a temporary arrangement or from the residence of her parents.

So, your case is not going to be quashed by high court on grounds of jurisdiction.

FIR can be lodged at any police station. This is called ZERO FIR. However the FIR shall be transferred to the police station under whose jurisdiction crime occurred.

This is allowed in law.

Her attendance will prove her continuous residence. Temporary stay on vacation dose not cover recent SC ruling i.e. 498A Case Can Be Filed At A Place Where A Woman Driven Out Of Matrimonial Home Takes Shelter.

This you can inform the investigation officer. But not of much help. FIR will transfer to Jaipur. Or even if closed by police for want of jurisdiction, fresh FIR may be file in Jaipur.

Dear Sir,

Wife can file a case u/s 498a, where the she has undergone the harassment, or her place of residence, where she is living now, or her husband's place.

Yes you can move High court same as based on the above facts can High Court will quash the FIR under 482.

Section 482 of CrPC, which deals with the power of court to quash criminal proceedings, hasn’t given the details of that what exactly constitutes the inherent power of court. In that sense, the Code is very vague as it doesn’t lay out the grounds on which the foundations of the inherent power of court lay.

The case should be filed where you both last resided together in that city. If she has filed case against you in Delhi you can get transferred in your current city.

HC would not quash FIR under section 482 cr pc 

2) wife can file case of dowry harassment in Delhi if she was residing with her brother in Delhi 

3)  498A Case Can Be Filed At A Place Where A Woman Driven Out Of Matrimonial Home  takes shelter 

1. If no cause of action occurred in Delhi, no case u/s 498A can be filed therein.

2. However the problem is at this initial stage it is difficult to prove lack of jurisdiction.

3. once charge sheet is submitted on the basis of the proofs you can apply for quashing or seek transfer of the case by filing transfer petition in supreme court .

You've already stated that before. the Supreme Court has made it very clear that it can be filed from a place of temporary residence also. So, the answer remains the same.

if she is residing with her brother in Delhi case can be filed in Delhi . 

Already informed you, Delhi police has no jurisdiction but in such cases, FIR transfers to jurisdictional police station. Procedure of ZERO FIR will follow.

Do you want to quash the FiR on ground of wrong jurisdiction? Then there is no point in it. High court generally does not quash FIR except in rare cases. 

A crime can be reported to any police station provided the victim has some reasonable connection with that area.

Further ZERO FIR concept allow victim to report crime anywhere in India. 

Yes as per supreme Court judgement she can file case from the place she currently reside. You can't go for quashing on this ground at least

Yes the FIR can be quashed on ground of jurisdiction if you can prove that she never lived with her brother.

She can file FIR at place of her parental home. 

She has to file case before the concerned  authorities i.e., at the jurisdiction where she last lived i.e., her matrimonial house.  In your case it is UP.  or

Where she is now residing or eking her livelihood i.e., at Rajasthan.

You can establish / prove that she never lived at Delhi as alleged be her.

See there are such judgements wherein victim can lodge FIR at place of her temporary residence though you can file a quashing petition on this ground along with other grounds as FIR is false there is no evidence and the wrong jurisdiction.

If that's the case and she has never lived in Delhi for a substantial period, you may challenge these proceedings on the question of jurisdiction. The law as laid down the Apex Court is that the courts at 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 (something which depends on the factual situation), also have jurisdiction to entertain a complaint alleging commission of offences under Section 498A of the IPC. 

Thus, in case you wife never took shelter at Delhi at her brother's place, you may challenge these proceedings on the question of jurisdiction. 

You can file quashing before the high court taking ground of jurisdiction and other grounds to contest the quashing petition.

- To counter you shall require to represent yourself at Delhi Court where she has filed the case against you.

- At the time of counter, the above-mentioned point may be highlighted with valid proof and the same can be taken into consideration by the Hon'ble court in favor of you as it is against law. However, you shall have to give the proof of the same. 

- There is no such provision in law that either party may file the case wherever they wish to. It has to be either last resided place or current place.

Regards

Vivek Arya

Dear Sir,

Please file an RTI to get her attendance in university and this would serve as sufficient ground for objections. 

- A bench headed by Chief Justice Ranjan Gogoi said that a woman, who is forced to leave her in-laws' home due to commission of cruelty on her, is allowed to initiate criminal proceedings under Section 498A of the Indian Penal Code from any place she sought shelter in -- be it a temporary arrangement or from the residence of her parents. 

- Since, your wife is working as assistant professor on regular basis and living in the university campus , Rajasthan since 2016, it means she willingly has filed this case from the jurisdiction of Delhi with a purpose of harass you.

- Hence, as per law, her case deserve to be dismissed on this ground, or it may be I.O. of the case will raise the same issue in his chargsheet.

- If, charge sheet of the case has not filed till date, then High court will not quash the FIR ,So you will have to wait for the Chargesheet . 

- Even at the time of framing of charge in the case, you should produce the evidence in your support for proving the jurisdiction . Possibility of dissmisal of the case not ruled out .

Women can file matrimonial cases, including criminal matters pertaining to cruelty, from the place where they have taken shelter after leaving or being driven out of their matrimonial home. 

Dear sir, 

Since its a 498A complaint, it is a criminal nature complaint and the complaint can be filed where the offence has been made out. since, you have mentioned that you have never cohabited with your wife in Delhi and only cohabit in UP. the complaint can not be filed in Delhi. That is a substantial ground for you to get your complaint quashed. We have 2 ways to proceed to the particular complaint. If it is being tried in the court by now then you can be discharged on this very ground. Alternatively, The complaint can be quash under section 482 crpc. 

Provided, the case has to be argued very precisely. 

You can contact me for consultation. if any. 

Regards,

YUGANSHU SHARMA 

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