KUSHAL KUMAR GUPTA AND ANR. versus MALA GUPTA

KUSHAL KUMAR GUPTA AND ANR. versus MALA GUPTA

Where the complaint indicates part of the cause of action arose in Patiala, s.181(4) Cr.P.C. is attracted and Patiala Court has jurisdiction; no grounds exist for quashing the proceedings based solely on jurisdictional challenge unless disproved during trial.

Parties
Petitioner: Kushal Kumar Gupta; Respondent: Mala Gupta; Respondent: Jyoti Chahar; Respondent: Vinay Garg; Respondent: K.R. Anand
Jurisdiction
India
Judgment Date
07 September 2011
Procedural Posture
Special Leave Petition (criminal) / Final Decision
Outcome
Special Leave Petition dismissed
Legal Topics
Jurisdiction Under Code of Criminal Procedure, Quashing Proceedings Under S.482 Cr.p.c.
Criminal Law Jurisdiction Under Code of Criminal Procedure Quashing Proceedings Under S.482 Cr.p.c.

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Parties

Kushal Kumar Gupta

Petitioner

Mala Gupta

Respondent

Jyoti Chahar

Respondent

Vinay Garg

Respondent

K.R. Anand

Respondent

Procedural Posture

Special Leave Petition (criminal) / Final Decision

Legal Issues

  1. 1 Whether the Court at Patiala has jurisdiction to entertain the complaint under Sections 406 and 498A IPC
  2. 2 Whether quashing of proceedings is justified when part of cause of action is alleged to have arisen within Patiala's jurisdiction

Ratio Decidendi

Where the complaint indicates part of the cause of action arose in Patiala, s.181(4) Cr.P.C. is attracted and Patiala Court has jurisdiction; no grounds exist for quashing the proceedings based solely on jurisdictional challenge unless disproved during trial.

Court Disposition

Special Leave Petition dismissed

Orders

  • No reason to interfere with the judgment of the High Court; Special Leave Petition accordingly dismissed.