IMPORTANT POINT
The central legal point established in the judgment is the application of CrPC Section 407 (1)(c) for the transfer of a case, emphasizing the ends of justice and the convenience of the parties and witnesses.

JUDGMENT :

1. Heard Mr. Patil, learned Counsel appearing for the Applicant, Mr. Adhikary, learned Counsel who has instructions to appear for the Respondent Nos.1 to 6 and Ms. Kaushik, learned APP appearing for the Respondent-State.

2. This is a Criminal Application filed under Section 407 (1)(c) of the Code of Criminal Procedure, 1973 (“CrPC”). The Applicant is seeking the following substantive prayer:-

“a. This Hon’ble Court be pleased to transfer the Cri M.A. No. 17 of 2017 pending before Jt, Civil Judge Junior Division and Judicial Magistrate First Class, Junnar to Ld. Judicial Magistrate First Class, Thane.”

3. It is necessary to set out certain factual aspects before considering the rival submissions :-

i. The marriage between the Applicant and the Respondent No.1 was solemnised on 26th April 2016 at Ghatkopar, Mumbai. The Applicant after marriage resided with the Respondent No.1 and his family members at Room No.4, Shivsagar Rahivasi Sangh Chawl No.13, Barve Nagar, Ghatkopar (W) Mumbai 400 084.

ii. As per the contention of the Applicant-Wife, the Applicant was ousted from her matrimonial house on 18th September 2016. The Applicant filed a Criminal M. A. No.17 of 2017 under Sections 12, 18, 19, 20, 21, 22 of the Protection of Women from Domestic Violence Act, 2005 (“D.V. Act”) in the Court of learned Judicial Magistrate First Class, Junnar. In the said D.V. Proceedings, address of the Applicant is mentioned as C/o. Devanand Narayan Chalak, R./at Dingare, Taluka Junnar, District-Pune. Said Devanand Chalak is uncle of the Applicant. It is specifically mentioned in the Application that as the Applicant was ousted from her matrimonial house by the Respondents on 18th September 2016 and thereafter she was threatened on several occasions by the Respondent No.1, the Applicant moved to her uncle’s residence at Dingare, Taluka-Junnar, District-Pune, and subsequently filed proceedings under the D.V. Act before the learned Judicial Magistrate First Class, Junnar. Perusal of the said D.V. proceedings clearly shows that in fact reference has also been made to the Complaint dated 13th December 2016 lodged in Ghatkopar Police Station, Mumbai by the Applicant.

iii. The present Respondent No.1 filed Marriage Petition No.A-3101 of 2016 under Section 10 of the Hindu Marriage Act, 1955 in the Family Court at Bandra seeking judicial separation. In the said proceedings, by Order dated 4th July 2019, learned Family Court at Bandra directed the Respondent No.1 to pay Rs.7,000/- per month towards interim maintenance under Section 24 of the Hindu Marriage Act, 1955 and has further ordered payment of Rs.5,000/-per month towards rent. The Respondent No.1 on 1st April 2022 withdrew the said Marriage Petition No.A-3101 of 2016 without complying with the said order and without making any payment. It is contended by the Applicant that the said Marriage Petition filed before Family Court at Bandra was withdrawn behind the back of the Applicant.

4. In the above facts and circumstances, the present Criminal Application is preferred inter alia stating that the Applicant and her mother are residing at Diva (E), Thane 400612. It is stated that the said Criminal M.A. No.17 of 2017 was filed at Junnar as at that time owing to a threat to her life in Mumbai, she was forced to reside at Junnar and as the Applicant was in desperate need of interim orders under the provisions of the D.V. Act she has filed the case at Junnar, Pune. It is stated in the Application that Junnar is about 155 k.m. away from Diva and that the said case be transferred to the Court of learned Judicial Magistrate First Class, Thane. It is also stated that the Respondent No.3 is residing at Ghatkopar, Mumbai.

5. Mr. Nikhil Patil, learned Counsel appearing for the Applicant pointed out the above facts and submitted that in the facts and circumstances of this case and in the interest of justice, the said D.V. proceedings be transferred from the Court of learned Judicial Magistrate First Class, Junnar