The Allahabad High Court has ruled that the court within whose jurisdiction the first wife has taken up permanent residence after the commission of alleged offences under Sections 494 and 495 of the Indian Penal Code (IPC) can try those offences.
A bench comprising Justice Saurabh Shyam Shamshery made this observation in light of Section 182(2) CrPC. This section states that offences punishable under Sections 494 or 495 IPC can be inquired into or tried by a court within whose local jurisdiction the offence was committed, where the offender last resided with their first spouse, or where the first spouse has taken up permanent residence after the offence.
The Court was addressing an application filed by Inder Alias Lala, who challenged a summons issued to him by the Civil Judge (J.D.) Fast Track Court/Judicial Magistrate, Ghaziabad. This was in connection to a complaint filed by his wife under Sections 494 (marrying again during the lifetime of a husband or wife) and 495 (same offence with concealment of former marriage from the person with whom subsequent marriage is contracted) of the IPC.
It was alleged that the applicant committed an offence under Section 494 IPC by marrying again during the lifetime of the complainant without obtaining a divorce. When confronted, he allegedly committed an offence under Section 506 IPC.
After the alleged commission of these offences, his first wife took up permanent residence in Ghaziabad, although her matrimonial home was in Delhi.
Challenging the summons and the entire case proceedings, the applicant argued before the HC that the complaint was filed within the jurisdiction of District Ghaziabad. He contended that since the complainant resided with him in Delhi after marriage, the Court in District Ghaziabad had no jurisdiction according to Sections 177 and 178 CrPC.
However, upon examining Section 182(2) CrPC, the Court noted that the complainant had been residing at the given address in District Ghaziabad for many years after being left by the applicant.
“…complainant is permanently residing at the given address at District Ghaziabad, therefore, in view of Section 182 (2) of CrPC. as referred above, Court within its local jurisdiction, wife by first marriage has taken up permanent residence after the commission of offence punishable under Sections 494 or 495 I.P.C, has jurisdiction, i.e. in the present case in District-Ghaziabad…”, the Court noted as it stated that objection of the applicant regarding jurisdiction had no merit.
Additionally, the court, after reviewing the complainant’s statement under Section 200 CrPC, the witnesses’ statements under Section 202 CrPC, and the summoning order dated March 3, 2021, for offences under Sections 491, 406, and 506 IPC, concluded that there are sufficient grounds to proceed against the applicant.
