Jaikaran Chaudhary & Ors. Vs. Surender Singh
EmailAppeal: Transfer Petition (Crl.) 183 of 1998
Petitioner: Jaikaran Chaudhary & Ors.
Respondent: Surender Singh
Apeal: Transfer Petition (Crl.) 183 of 1998
Judges: Dr. A.S. ANAND, CJI. & R.C. LAHOTI, JJ.
Date of Judgment: Jan 24, 2000
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860
Sections 147, 323, 406, 452, 465, 497, 498A/504, 506 and 506B – Criminal Procedure Code, 1973 – Section 125 – Dowry Prohibition Act, 1961, Sections 3, 4 and 6 – Hindu Marriage Act, 1955 – Section 13 – Matrimonial dispute between spouses – Wife lodging FIR against husband and also filing cases for offences under IPC and applica-tion for maintenance under Cr.P.C. in different courts at Gwalior – Husband also filing case for offences under IPC and also divorce petition in the courts at Agra – Transfer of all criminal cases to Sessions Court at New Delhi ordered in the interest of jus-tice.
(Para 8)
JUDGEMENT:
ORDER
1. This order will dispose of T.P. (Crl.) No. 127/99, T.P. (Crl.) No. 129/99, T.P. (Crl.) No 130/99, T.P. (Crl.) No. 183/98 and T.P. (C) No. 1044/98.
2. The marriage between Smt. Geeta Singh, Petitioner in these petitions was solemnised with the Respondent, Shri Surender Singh on 1st of December, 1995 at Gwalior. It appears that the relations between the parties became strained soon after mar-riage. We are not inclined to take note of various allegations and counter-allegations with regard to the cause for disharmony.
3. The Petitioner-wife on 11th December, 1996 lodged a First Information Report at Mahila Thana, (Police Station), Gwalior for offences under Section 498-A IPC (FIR No. MPS/720/96) against the husband and father-in-law. That case is the subject matter of T.P. (Crl.) No. 130/99.
4. It appear that the Petitioner-wife also filed an application under Section 125 Cr.P.C. for grant of maintenance (Crl. Case No. 5/96) in the Court of the Chief Judicial Magistrates, Gwalior since at that time, according to the Petitioner-wife, she was staying at Gwalior with her uncle, where she had taken shelter after “being thrown out” of the matrimonial home. The case aris-ing out of the maintenance petition under Section 125 Cr.P.C. is the subject matter of T.P. (Crl.) No. 129/99.
5. The Petitioner-wife also filed a complaint under Sections 406/465/497/506-B of the IPC read with Sections 3,4 and 6 of the Dowry Prohibition Act, 1961 against her husband and others, which is pending in the Court of Chief Judicial Magistrate, Gwalior. That case is the subject matter of T.P. (Crl.) No. 127/99.
6. The Respondent-husband on 31st July, 1997 filed a complaint in the Court of Chief Judicial Magistrate, Agra against the wife, her father, brother and some other relations for offences under Section 323/452/147/504/506 of the IPC. That complaint is subject matter of T.P. (Crl.) 183/98.
7. The Respondent-husband has also filed a petition under Section 13 of the Hindu Marriage Act for divorce from the wife and that petition is pending before the Judge, Family Court, Agra, (H.M.A. case No. 141/98). That case is subject matter of T.P. (C) No. 1044/1998.
8. After hearing learned Counsel for the parties, but, without expressing any opinion on the correctness or otherwise of the allegations made in each one of these petitions or the counter-affidavits, We are of the opinion that all the criminal and civil cases pending between the parties need to be tried in one Court, as far as possible, and it would be therefore expedient and in the interest of justice that all the petitions/complaints are tried in one Court at New Delhi. We allow all the transfer petitions and withdraw the cases pending in the respective Courts, as mentioned above, from those Courts and transfer the same to the file of the learned District & Sessions Judge, New Delhi, who may either try the cases himself or assign them to a Court of competent jurisdiction under him. Different Courts where the cases are at present pending shall send the record of those cases to the transferee Court without any delay. The trans-feree Court shall dispose of the case expeditiously.
9. We also wish to clarify that during the pendency of these petitions in this Court, an effort was made to bring about recon-ciliation between the parties. That has, however, not material-ised. Should, better sense prevail and the parties decide to settle the matter, the orders made by us today shall not come in the way of the transferee Court to decide the matter accordingly.
10. The parties, through their respective Counsel are directed to appear before the learned District & Sessions Judge, New Delhi on 25th February, 2000.
1. This order will dispose of T.P. (Crl.) No. 127/99, T.P. (Crl.) No. 129/99, T.P. (Crl.) No 130/99, T.P. (Crl.) No. 183/98 and T.P. (C) No. 1044/98.
2. The marriage between Smt. Geeta Singh, Petitioner in these petitions was solemnised with the Respondent, Shri Surender Singh on 1st of December, 1995 at Gwalior. It appears that the relations between the parties became strained soon after mar-riage. We are not inclined to take note of various allegations and counter-allegations with regard to the cause for disharmony.
3. The Petitioner-wife on 11th December, 1996 lodged a First Information Report at Mahila Thana, (Police Station), Gwalior for offences under Section 498-A IPC (FIR No. MPS/720/96) against the husband and father-in-law. That case is the subject matter of T.P. (Crl.) No. 130/99.
4. It appear that the Petitioner-wife also filed an application under Section 125 Cr.P.C. for grant of maintenance (Crl. Case No. 5/96) in the Court of the Chief Judicial Magistrates, Gwalior since at that time, according to the Petitioner-wife, she was staying at Gwalior with her uncle, where she had taken shelter after “being thrown out” of the matrimonial home. The case aris-ing out of the maintenance petition under Section 125 Cr.P.C. is the subject matter of T.P. (Crl.) No. 129/99.
5. The Petitioner-wife also filed a complaint under Sections 406/465/497/506-B of the IPC read with Sections 3,4 and 6 of the Dowry Prohibition Act, 1961 against her husband and others, which is pending in the Court of Chief Judicial Magistrate, Gwalior. That case is the subject matter of T.P. (Crl.) No. 127/99.
6. The Respondent-husband on 31st July, 1997 filed a complaint in the Court of Chief Judicial Magistrate, Agra against the wife, her father, brother and some other relations for offences under Section 323/452/147/504/506 of the IPC. That complaint is subject matter of T.P. (Crl.) 183/98.
7. The Respondent-husband has also filed a petition under Section 13 of the Hindu Marriage Act for divorce from the wife and that petition is pending before the Judge, Family Court, Agra, (H.M.A. case No. 141/98). That case is subject matter of T.P. (C) No. 1044/1998.
8. After hearing learned Counsel for the parties, but, without expressing any opinion on the correctness or otherwise of the allegations made in each one of these petitions or the counter-affidavits, We are of the opinion that all the criminal and civil cases pending between the parties need to be tried in one Court, as far as possible, and it would be therefore expedient and in the interest of justice that all the petitions/complaints are tried in one Court at New Delhi. We allow all the transfer petitions and withdraw the cases pending in the respective Courts, as mentioned above, from those Courts and transfer the same to the file of the learned District & Sessions Judge, New Delhi, who may either try the cases himself or assign them to a Court of competent jurisdiction under him. Different Courts where the cases are at present pending shall send the record of those cases to the transferee Court without any delay. The trans-feree Court shall dispose of the case expeditiously.
9. We also wish to clarify that during the pendency of these petitions in this Court, an effort was made to bring about recon-ciliation between the parties. That has, however, not material-ised. Should, better sense prevail and the parties decide to settle the matter, the orders made by us today shall not come in the way of the transferee Court to decide the matter accordingly.
10. The parties, through their respective Counsel are directed to appear before the learned District & Sessions Judge, New Delhi on 25th February, 2000.
