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SUMEET GOEL
Dipti Chauhan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
The case in hand is a transfer petition preferred by the petitioner-wife under Section 447 of BNNS, 2023 read with Section 582 of BNNS, 2023 seeking transfer of the criminal case/CHI-367-2023 in FIR No.704 dated 05.11.2022 registered under Sections 323, 34, 498-A, 506 and 406 of IPC filed by her, pending in the Court of ACJM, Bhiwani to a Court of competent jurisdiction at Jhajjar, Haryana.
The gravamen of the FIR in question pertains to the demand of dowry, harassment and cruelty being meted out to the complainant/petitioner by accused-respondent Nos.2 to 4 and hence an FIR ibid got registered by her.
2. Learned counsel for the petitioner has iterated that the petitioner and respondent No.2 tied the nuptial knot on 02.05.2021 as per Hindu rites. It has been further iterated that the behaviour of the private respondents towards the petitioner was not cordial and soon the relationship turned sour. Learned counsel has further iterated that the petitioner has been maltreated as also harassed by the accused/respondent Nos.2 to 4 (herein) on which account she was constrained to have the FIR in question registered. Learned counsel asserts that the petitioner was su
Transfer of trial proceedings must be based on substantial evidence of potential prejudice to a fair trial, considering the convenience of all parties involved, not just the complainant.
Transfer of trial under Section 407 of Cr.P.C. requires substantiation of reasonable apprehension of unfair trial, considering the convenience of all parties involved.
The convenience of a wife in matrimonial disputes is significant but not absolute; cogent reasons must be shown for transferring proceedings initiated by her.
The Court established that the balance of convenience is a critical factor in transferring cases under Section 24 of the CPC, prioritizing the plaintiff's right to choose a suitable forum.
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