1 APPLN 2237.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 2237 OF 2010 Mr. Ashok s/o. Digambarrao Baviskar and Ors. ... Applicants. V/s. The State of Maharashtra & Ors. ... Respondents. WITH CRIMINAL APPLICATION NO. 89 OF 2011 Mr. Rajesh s/o. Ashok Baviskar. ... Applicant. V/s. Mrs. Kavita w/o. Rajesh Baviskar and Anr. ... Respondents. Mr. Hemant Sureve for the Applicant. Mr. Rajesh More, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 14th SEPTEMBER 2011. P.C. :- Heard learned Counsel for the Applicant in both the Applications. Inspite of service, the wife - Smt. Kavita is absent. The Investigator is present. 2. The Applicants are husband, husband-in-laws and sister- in-law of Smt. Kavita. The matrimonial home of Respondent No.2 Smt. Kavita is admittedly at Aurangabad. The disclosure of events and facts in the FIR lodged at Manikpur Police Station dated 31.12.2007 held at matrimonial home at Plot No.20, Sadgurukrupa Housing Society at Aurangabad. Barely 2 APPLN 2237.10.sxw in statement if the wife informs as the husband visited the hospital after her delivery and threatened her, by itself will not culminate the jurisdiction to the Court at Vasai in the District of Thane. It is primarily indicated, after such threat, perception nursed by the wife, she joined company of her husband at matrimonial home at Aurangabad and discord if any started thereafter. 3. The investigation papers also does not inform that parents in law or sister in law of Smt. Kavita visited her parental house to nag her or intermediate in order to get certain articles which could not be fulfilled during marriage. 4. The learned Counsel for the Petitioners has urged to quash the proceedings in terms of Section 482, as the forum is wrongly selected in the light of the legal position indicated in the matter of Y. Abraham Ajit V/s. Inspector of Police, Chennai reported in 2004 Cri. Law Journal 4180. 5. The second Petition revolves to infraction of provisions of Sections 12,18,20 of the Protection of Women from Domestic Violence Act, 2005 (for short D.V. Act) in Criminal Application No.43 of 2010 pending before the learned J.M.F.C. at Vasai. The Petitioners have informed in the Petition, that the Respondent - Wife has abandoned the company of her husband long back and thereafter, the proceedings under D.V Act are initiated, without any provoking event at her parental abode. This Court, at this stage will not advert to merits of 3 APPLN 2237.10.sxw such contention. The fact remains that the events high- lighted even in subsequent petition referred above revert to the jurisdiction at Aurangabad. Consequently, the proceedings initiated by Smt. Kavita subject of Criminal Application No.2237 of 2010 and Criminal Application No.89 of 2011 be returned to her to be presented to the proper Court having jurisdiction. (K.U. CHANDIWAL,J.)