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2021 Supreme(SC) 134

ASHOK BHUSHAN, INDU MALHOTRA
Swaati Nirkhi – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
For the Petitioner(s):Rahul Shyam Bhandari, G. Priyadharshni, Advocates
For the Respondent(s):Kaustubh Shukla, Parijat Kishore, Abhay Singh, Advocates

JUDGMENT :

INDU MALHOTRA, J.

1. The present Transfer Petition has been filed by the Petitioner under Section 406 Cr.P.C. seeking transfer of Criminal Case No. 3483 of 2017 titled as State vs. Swaati Nirkhi and Others (arising out of FIR No. 39/2016) from the Court of Metropolitan Magistrate 461 North West, Rohini Courts, New Delhi to the Court of Metropolitan Magistrate at Allahabad (Prayagraj), Uttar Pradesh.

2. The Respondent No. 4 herein/Complainant filed FIR No. 39 on 7.1.2016 before the Police Station, Mangol Puri under Section 389 read with 34 IPC against 4 accused viz. Mr. Mohan Shrivastava, Ms. Swaati Saxena, Sanjay Saxena, Shashank Saxena wherein it was stated that his nephew Ashish Khare was married to Ms. Swaati Nirkhi (Petitioner No. 1 in the Transfer Petition) on 19th April 2015 in Delhi. That on 7.8.2015, Swaati Nirkhi left for her parental home in Allahabad and did not return thereafter, even though she was requested to come back by the family. On 25.11.2015, the Complainant received a message from one Mohan Srivastava alias Akahauri Onkar Nath (Respondent No. 2 in the T.P.) that Ms. Swaati Nirkhi would not like to come back to Delhi, and the matter could be settled by

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