Legal Question in Criminal Law in India

Re: 498a

FIR can be lodged in a police station within whose jurisdiction offence was committed.

One can explore quashing on the ground of lack of jurisdiction.

Re: 498a

498A offence can only be loded if there is a matrimonial cruelty by husband or his family members. However, in your case since your are staying at your paternal house the husband and his family can approach high court for quashing of FIR.

Re: 498a

Thanks for referring an important question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

Offence under section 498 A I.P.C. is a continuing offence .It has to be seen in the facts and circumstances of case

that whether torture / cruelty continued to Patna as you say it has taken place in U.S.A. If yes, F.I.R. can be lodged in Patna. Question of jurisdiction has also to be decided according to the facts of the case.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

Re: 498a

The Patna High Court is not likely to quash the FIR for want of jurisdiction. Firstly, there is no such things as "lack of jurisdiction" with the any police station to register a report about commission of an offence. The question of jurisdiction may be agitated at the time of framing of charge by the Court and at the stage of investigation by the police.

Secondly, cruelty is a continuing offence. The husband's abandonment of the wife without providing adequate care may constitute not only cruelty under section 498-A IPC but also "domestic violence" under D.V..A.

Thirdly, based upon FIR registered in India, the wife may approach the USA authorities for cancellation of H-1 visa of the husband and seek his deportation to face prosecution.

Fourthly, for the torture committed by the husband in USA, the wife may ALSO seek his criminal prosecution in USA and demand his deportation to India to face legal consequences as per Indian laws.