Sec crpc 177 act dispose.
Sandeep Pandey
(Querist) 22 November 2012
This query is : Resolved
dear sir,
I got married in 6th june 2010,in Jamshedpur,we came to Mumbai after marriage,were i stay with my family,sir everything was good for 2-3 months but the girl whome i was married,suddenly changed her behavior,and always make convinced to send her back to her home.finelly my father droped her to Jamshedpur,but sir after going there she never called me,neither received my and my families calls ever.we tried a lot,to make her come back,again i went there to take her back,but she did not come infront of me.after that i came to mumbai,and in january 5th 2011,i filed a case to take her back,but she was never presented at any of the following dates.after that she filed a transfer pettition,and take the stay order from mumbai to jamshedpur from high court.and also filed 498a injamshedpur angainst me.now in november i went there for bail,but the court has ordered for mediation,again i went there for mediation in 21st november,but again she did not attended the mediation too,and given some foolish reasions. now sir i need to ask u that in this respictive case could sec crpc 177 act will work??can she has to file afresh case in mumbai,as i heard from someone about this act.can sec 177 could effect her?or there is any other sec which can help me out; i relly need your help. regards.
ajay sethi
(Expert) 22 November 2012
you must have filed RCR . in counter she filed 498A . it seems she is adopting dilatory tactics .
section 177 CR PC provides that Every offence shall ordinary be inquired into and tried by a court within whose local jurisdiction it was committed.
it has to be seen from the complaint filed what part of cause of action has arisen in Jamshedpur . if no offence is committed in jamshedpur complaint in Jamsehdpur would not be maintanable .
file for quashing of complaint under section 482 on grounds that no offence has been committed in Jamshedpur .
she can if she so desires file complaint in Mumbai . (please note that we have not gone through the averments made in complaint filed under 498A .it is based on your staement that immediatedly after marriage you came to mumbai , stayed with your wife in mumbai only and left you on her own accord )
Raj Kumar Makkad
(Expert) 22 November 2012
Generally complaint contains the fact that the part of harassment has been made at the place of the residence of the complainant so there is little hope to get any benefit even than it is wise to explore all possibilities.
prabhakar singh
(Expert) 22 November 2012
YOU SUCCEEDED TO PREVAIL ON BOTH THESE EXPERTS WHO BLAMED YOU FOR A REPEATED QUERY IN YOUR EARLIER POST.
Raj Kumar Makkad
(Expert) 22 November 2012
Mr. sing! the last query was repeated whereas this is his original query which requires reply to be given to him.
Sandeep Pandey
(Querist) 26 November 2012
first of all, thanks to all of you for your valuable suggestions, Sir as I said i went there to take her back,but she did not come infront of me, it was Nov'11 and she has written in her case file that on Nov'11, my father, brother n me went to her home, Jamshedpur, and demanded dowry, so on that basis can her 498a case will be disposed..??? please help me..
I am sorry to posting my query reapiting as I am not able to understand whom I should listen as I get no of opinions, so I am cofused,, please help me out..
ajay sethi
(Expert) 26 November 2012
so according to allegations made in complaint offence ahs been committed in jamshedpur . so courts in jamshedpur will have jurisdiction
