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10. Thus, as per Section 181(4) of the Code, offence under section 406 I.P.C. would be triable not only where the property which is subject-matter of the offence was received but also at a place where it was required to be returned or accounted for by the accused person. It is, therefore, clear that the offence under section 406 I.P.C., in the instant case would be triable at Delhi for the additional reason that stridhan was required to be returned or accounted for at Delhi by the accused persons since due to their alleged cruelty she had to abandon the matrimonial home and shift her residence to Delhi. She cannot be compelled to file a complaint at Lucknow, a place where she no longer resides. In case this is not so, an unjust situation will be created.

11. It also needs to be noted that the act of non-return of stridhan by the bridegroom and his relatives is not only covered by Section 406 IPC, but is also an act which amounts to cruelty and would be covered under section 498A I.P.C. Depriving a bride of her stridhan and not returning the same to he surely constitutes cruelty. Besides, non-payment of maintenance to the bride, demands of dowry by the in-laws from the bride and/or her parents and consequential harassment of the bride on failure to meet the demands, etc., are all instances of maltreatment, humiliation and cruelty. In such like cases cruelty would not be confined to the matrimonial home, but it will transcend the boundaries of the matrimonial home and have a reach over the bride residing at her parental home as well. In the instant case, as per the complaint and the supplementary statement of Pushpa, she is still being deprived of her dowry and maintenance. This deprivation continues day after day, event at Delhi and constitutes cruelty. The outcome of the alleged acts of cruelty of the petitioners, is that Pushpa was deprived of her matrimonial home and she had to shift to her parental home at Delhi. We are not impressed by the submission of the learned counsel for the petitioners that the offences, if any, alleged to have been committed by the petitioners, under section 406 and 498A I.P.C., were committed at Lucknow and the misappropriation, if any, also took place there. It appears to us that the petitioners can be tried at Delhi not only for an offence under section 406 I.P.C. but also for an offence under section 498A IPC since the alleged cruelty of petitioners towards Pushpa continues at Delhi. Even from another point of view the petitioners can be tried at Delhi. In the instant case their alleged acts of cruelty and misappropriations are connected with each other so as to form part of the same transaction. By virtue of Section 184 read with Section 220 of the Code, the offences under sections 406 and 498A IPC can be tried together at Delhi.

12. In Surinder Kaur Vs. State of Punjab and Others, 1997 (3) C.C.C. 355 (HC), where the parties were married at Amritsar, they stayed and lived at Malerkotla, the wife was ill-treated and tortured at the matrimonial home to extract valuables and cash from her parents and proceedings under section 498A/406/496 I.P.C. were initiated at Amritsar, it was held that the Court at Amritsar had the jurisdiction to try the aforesaid offences at Amritsar. In this regard it was observed as follows :-

"Insofar as it pertains to the offence under Section 498-A Cr. P.C., these instances have taken place at Malerkotla, and that offence would be triable in the Court of Malerkotla, if that is the only offence to be tried in this case. In this case there is an allegation regarding offence under Section 406 IPC also. Offence under Section 406 IPC is triable at the place where the offence of Criminal breach of trust was committed, or at the place where any part of the property which is the subject matter of the offence, was received or retained, or was required to be retained or was required to be returned or accounted for by the accused persons. Clause 4 of Section 181 Cr. P.C. applies to such cases. In this case admittedly the marriage took place at Amritsar. It was contended by the respondent that there is no allegation that a particular Stridhan' article was given or entrusted to a particular accused. In respect of entrustment of 'Stridhan' articles one has to take into consideration to common custom followed at the time of entrustment of such articles. These articles are sent along with the bride when she leaves her parents house soon after the marriage and enters in her matrimonial home. These articles are normaly kept in her atrimonial home. The term 'entrustment' in such cases is to be understood and interpreted in view of definition in Section 405 of the IPC which contemplates that entrustment could be dominion of the accused over property. It is enough if the circumstances indicate that the accused had dominion over the property. Presently, I need not deal with aspect in details. Suffice it to mention that since the marriage took place at Amritsar and the 'Stridhan' in question had also left along with the bride when she left her parents house, the accused can be said to under obligation in the particular situation to return those articles at the place where the wife requires it to be returned. To spell out the offence under Section 406 IPC, it would be matter of evidence as to who can be said to be under obligation to return these articles. An ambiguity in that respect in the complaint would be an aspect to be considered while evaluating the evidence, by applying as one of the tests as to whether the ambiguity is an omission amounting to contradiction as per explanation to Section 162 Cr. P.C. Para 11 of the complaint Annexure-P.2 indicate that the petitioner had demanded the dowry articles and 'Stridhan' articles but the accused declined to return. Thereafter the petitioner came back to her parents house. Allegedly, while in the house of the accused, the wife had demanded these articles, but the accused declined to return these articles. If these articles formed the 'Stridhan', articles given to the bride at the time of marriage, in this particular case, these are required to be returned to her at the place where she was presently staying. Thus for both these reasons it would appear that the offence punishable under Section 406 of IPC is triable at Amritsar.

18. Learned counsel for the petitioners submitted that to confer jurisdiction on the Metropolitan Magistrate, Delhi, for trying the offence under section 406 I.P.C. the complainant ought to have claimed that the entrustment of stridhan was made to the husband and in-laws at Delhi, or the same was retained by them at Delhi, or the same was required to be returned or accounted for at Delhi. He further submitted that there is nothing on record to show that any of these requirements have been satisfied and that there was any stipulation or agreement between the parties at the time of marriage that the stridhan would be returned to the wife at Delhi. It is common knowledge that at the time of solemnisation of marriage between the Hindus there cannot be any question of entering into a written or oral agreement for the return of stridhan at a particular place in case of estrangement between the spouses. Marriage between the Hindus is considered to be a sacrament. The couple is supposed to sail through good and bad times together and remain united during their sojourn on earth. In such marriages no one thinks of putting any conditions while giving stridhan,since the same belongs to the girl. As already noted, sub-section (4) of Section 181 of the Code clearly envisages that an offence under Section 406 I.P.C., can be tried in a court which has jurisdiction over the place where the stridhan may be required to be returned or accounted for. Obviously, a wife who has been made to leave the matrimonial home and is required to fend for herself is in a no position to run after the husband for return of her stridhan. Stridhan must be returned by the husband to the wife at the place where she resides.