KHANDESH COLLEGE EDUCATION SOCIETYs

S.S.MANIYAR LAW COLLEGE, JALGAON

Dr. Annasaheb G.D.Bendale Memorial

11th NATIONAL MOOT COURT COMPETITION

13th & 14th February, 2016
Lata Agrawal & AnotherAppellants
Vs.
State of Wallhabad & Another- Respondents
The appellants herein challenge the order passed by the High Court whereby the
petition filed by appellant no.1 was dismissed. The said Special Leave Petition was filed
under Article 32 of the Constitution read with Section 482 of Criminal Procedure Code.
One Sheena Agrawal was married to Sharman Agrawal s/o Mukesh Agrawal who was
living at Maiden Garden at Fakirabad, Waryana State as per the Hindu rites and ceremonies.
Before the marriage she was informed that Sharman Agrawal is employed as a Team Leader
in IT Company at Fakirabad, by his Elder brother Varman Agrawal and Mother Smt. Vimla
Agrawal. She started to reside with the house of her in-laws after the marriage.
That, the atmosphere in the house was peaceful for some time, but after that the maid
who cooked meals was first of all paid off by the family members. Later on she has to prepare
the meal and look after all the household affairs. The family members of Sharman started
taunting and scolding her on trivial issues. She also came to know that her husband was not
employed and stayed in the house. Once he made demand to bring Five Lakhs rupees from
his in-laws to start some business and use to beat her. To escape from the torture she took up
job in a call centre, still Sharman often provokes his family members to harass her. After
persistent efforts Sharman got job at Fakirabad and resides there itself. One day she heard
some conversation of her mother-in law and sister-in-law from which it appeared to her that
they want to kill her. Thereupon she apprised her father about the situation telephonically on
which he reached at her in-laws very next day. He took her along with him for some days to
home, at Zakiyabad wherein she narrated everything to her father. The father and brother of
Resp. No.2 later went to her matrimonial home on which Smt. Vimla Agrawal and Lata
Agrawal raised voice on them and insulted. Many times other well wishers of her family
visited the house of Sharman and tried to persuade the matter but to no avail. One day at
10.30 pm in the night Sharmans phone came to the house of his in-laws and demanded Rs.
10 Lakhs.
After that she came to the conclusion that her in-laws will not allow her to enter the
home without bringing Rs.10 Lakhs. She decided to lodge the complaint at Hazoorganj
Police Station, Zakiyabad against Sharman, Varman, Smt. Vimla Agrawal and Lata Agrawal.
On the complaint the Police booked the case against her in-laws, brother-in-law and sister-in
law and investigate the matter. The Police has submitted chargesheet against all under Section
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498 A r/w 323,504 & 506 of Indian Penal Code with Section 3 & 4 of the Dowry Prohibition
Act.
The sister-in-law and brother of Sharman filed Petition under Section 482 of Cr.P.C
before the High Court of Zakiyabad for quashing the chargesheet and the entire proceedings
before the Judicial Magistrate Court, as the FIR lodged with the intention to harass the inlaws.
The High Court observed that the question of territorial jurisdiction cannot be
properly decided by the High Court under section 482 Cr.P.C. for want of adequate facts. It
was therefore left open to the in-laws to move the trial court for dropping the proceedings on
the ground of lack of territorial jurisdiction. The High Court however granted interim
protection to the in-laws by directing the authorities not to issue process against the in-laws
until disposal of the application.
The appellant in spite of the liberty granted to them to move the trial court, have filed
this appeal for quashing the proceedings which had been initiated on the basis of a case
lodged by the Wife against her husband and in-laws.
This appeal by Special Leave Petition has been preferred by Sister-in-law of Resp.
No.2 assailing the order of the High Court and it was submitted that Honble High Court
ought to have appreciated that the wife who had already obtained an ex-parte decree of
divorce is pursuing the present case through her father with the sole purpose to unnecessarily
harass the appellants to extract money from them as all efforts of mediation had failed.
The said Special Leave Petition is kept for final hearing before the Honble Apex
Court.
Prepare the Memorial as per rules for both the sides and Argue the case before
the XI National Moot Court Competition.

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