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Supreme Court of India 2019-07-23 allowed

Nitika vs Yadwinder Singh and Ors

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

Nitika appealed against a High Court order quashing an FIR under Section 498A IPC for alleged cruelty by her husband. The High Court had quashed it on the ground that the police at Nalagarh lacked jurisdiction because the cruelty occurred at Jalandhar. The Supreme Court held that courts at the place where a wife takes shelter after leaving the matrimonial home due to cruelty have jurisdiction to entertain Section 498A complaints, as the mental trauma from such cruelty constitutes a continuing offence at the shelter location. The Court set aside the High Court's order and directed criminal proceedings to continue at Nalagarh.

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Domestic Violence Criminal Law Jurisdiction Section 498A IPC Cruelty

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