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.

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 subjected to severe physical assault on the alleged day of occurrence i.e. 04.11.2022 by the private respondents wherein after she was admitted to General Hospital, Jhajjar. Thereafter, the statement of the petitioner was recorded by the Police and the instant FIR was got registered against the private respondents. After completion of investigation, the final report under Section 173 of Cr.P.C., 1973 was presented before the Court of ACJM, Bhiwani where the matter is stated to be pending. According to learned counsel, the petitioner, after the alleged occurrence, started residing at her parental home i.e. Jhajjar and hence she is unable to effectively pursue the proceedings arising out of the FIR in question which are currently pending before the Court of ACJM, Bhiwani. It has been further contended by the learned counsel that the divorce proceedings instituted by respondent No.2-husband, which were earlier pending in the Family Court, Bhiwani, has already been transferred by this Court vide order dated 07.11.2023 (copy whereof has been annexed as Annexure P-2 with the instant petition) to District Jhajjar. Learned counsel has further iterated that it is extremely difficult and inconvenient for the petitioner to pursue her case further at District, Bhiwani since she is living at village Koka, Tehsil and District Jhajjar. It has been further submitted that the distance between the parental home of the petitioner i.e. village Koka, District Jhajjar to District Bhiwani is approximately 100 kilometers away. Furthermore, learned counsel has submitted that the petitioner resides at a location from which public transport to District Bhiwani takes approximately 4 to 5 hours. Additionally, the petitioner has received life threats from respondent No.2 and his family members which has aggravated her difficulty in pursuing the matter. According to learned counsel, the petitioner is neither employed nor has any independent source of income and hence the petitioner is entirely dependent on her parents including transportation, medical needs and clothing etc. Therefore, it has been submitted that the instant petition be allowed and the trial emanating from the FIR in question be transferred from District Bhiwani to a Court of competent jurisdiction at District Jhajjar.

3. I have heard learned counsel for the petitioner and have perused the record.

4. A fair trial is a fundamental principle of the criminal justice system, ensuring justice for all the parties involved, including the accused, the witnesses and the public at large. It is essential to uphold the integrity of the judicial process when considering a request to transfer the trial proceedings. It would be apposite to refer herein to a judgment passed by this Court titled as Sonalika Garg vs. State of Punjab and