JUDGMENT :

1. Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Ritukar Gupta, learned counsel for the applicant, learned A.G.A. for the State as well as Sri Raj Kumar Kesari, learned counsel for the opposite party no.2 and perused the record.

2. The present application has been moved by the accusedapplicant Sahib Bansal (husband) under Section 407 of the Code of Criminal Procedure, 1973 seeking transfer of entire proceedings of Sessions Trial No.19 of 2020 (State Vs. Manju Bansal and others), arising out of Case Crime No.567 of 2018, under Sections 498A, 504, 506, 307, 120B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Pilakhuva, District Hapur, pending in the court of Additional District & Sessions Judge/Fast Track Court, Court No.1, Hapur to any other court of competent jurisdiction of another District.

3. Succinctly, the applicant's case is that the opposite party no.2- Shivangi Bansal has lodged an F.I.R. against the applicant and his family members registered as Case Crime No.567 of 2018, under Sections 498A, 504, 506, 307, 120B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Pilakhuva, District Hapur, which is registered as Sessions Trial No.19 of 2020 (State Vs. Manju Bansal and others).

4. It is submitted by learned Senior Counsel that the marriage of the applicant Sahib Bansal was solemnized with opposite party no.2- Shivangi Bansal on 5.12.215 without demand of any dowry and after sometime the dispute arose between husband and wife. It is further submitted that the parents of the applicant got the applicant and opposite party no.2 separated from them and shifted them in a rented house in New Delhi. It is further submitted that the disputes between applicant and opposite party no.2 could not be cured and under some misconception, a false and frivolous F.I.R. was lodged by opposite party no.2 against the applicant and his family members on 22.10.2018 for the offences punishable under Sections 498A, 323, 504, 506, 307, 376, 511, 120B, 377, 313, 342 I.P.C. and Section 3/4 of Dowry Prohibition Act, which was registered as Case Crime No.567 of 2018 at Police Station Pilakhuva, District Hapur.

5. It is further submitted that as a matter of fact before lodging the aforesaid F.I.R., the opposite party no.2 has made a call to the police of Police Station Subhas Place, North West, Delhi on 4.10.2018 in the morning from the house where she was living with her husband at New Delhi with the allegation that her husband was beating her. It is further submitted that the aforesaid complaint was inquired into and it was found that the marriage of applicant and opposite party no.2 was solemnized two years ago and the allegations are that the applicant used to beat the opposite party no.2 for money. It is further submitted that the applicant and opposite party no.2 were examined and it was found that the dispute is of between husband and wife. The opposite party no.2 along with her daughter had gone to her parents' house and was living there. She had given a written letter stating therein that she was not being physically hurt that is why she did not go for her medical examination, therefore, it appears that neither applicant nor opposite party no.2 received any injury. It is further submitted that the first information report was lodged against Mukesh Bansal (father-in-law), Manju Bansal (mother-in-law), Sahib Bansal (husband), Chirag Bansal (Devar) and Shipra Jain (sister-in-law), but during investigation it was found that Chirag Bansal and Shipra Jain were falsely been implicated in the case and the charge-sheet against the applicant was submitted for offences punishable under Sections 498A, 323, 504, 506, 307 I.P.C. and Section 3/4 of D.P. Act. It is further submitted that against the aforesaid F.I.R., a Criminal Misc. Writ Petition No.31131 of 2018 was filed before this Court, whereby the arrest of accused Chirag Bansal and Shipra Jain was stayed till submission of charge-sheet and the