Dharmendra Kumar Mishra vs Smt. Priya

Arvind Kumar Tripathi (II), J.—This transfer application has been filed by Dharmendra Kumar Mishra for transferring the Criminal Case No. 24 of 2012 Smt. Priya versus Dharmendra Kumar Mishra, u/s 125 Cr.P.C. pending in the Court of Principal Judge, Family Court, Lucknow to District-Pratapgarh. It has been mentioned in the grounds of transfer that marriage between the parties was solemnized on 18.6.2006 at the residence of opposite party at Devapur in Pratapgarh. After marriage, Smt. Priya had gone to her in-laws house once and stayed there for about a week and thereafter she never went to the house of her in-laws. Petitioner is a poor person. He is working as librarian in private aided college and he is getting about Rs. 3,000/- per month. Father of the opposite party is an employee in U.P. Police and she is fond of lavish living and could not adjust herself with applicant and his family members. Opposite parties left the matrimonial house and applicant made every endeavor to bring her back could not get success. His wife filed an application u/s 125 of Criminal Procedure Code for maintenance on the basis of false fact. She has lodged F.I.R. also against entire family of the applicant and even his married sister and brother-in-law who have no concern with the family of the applicant were made accused. There was no allegation of demand of dowry for years from the date of marriage but a false demand was alleged and criminal case was lodged. The criminal case is pending in district Pratapgarh while the application u/s 125 Cr.P.C. has been filed in Lucknow. Father of the opposite party is a driver of an officer of the rank of Deputy Superintendent of Police, Lucknow and he is posted at Lucknow. Due to his pressure when applicant went to surrender to the court at Pratapgarh, on the basis of false injury report offence u/s 307 I.P.C. was also added without evidence.

Learned counsel for applicant submitted that father of the opposite party is a policeman, posted at Lucknow and he has threatened applicant that he will teach him a lesson when he will come to Lucknow in the above case. Due to fear perception and terrible atmosphere created by opposite party and her father, applicant is unable to pursue his case at Lucknow. It was also submitted that there are two different versions in the F.I.R. and in the applicant u/s 125 Cr.P.C. It was also submitted that the wife is residing at her parental house at Devapur, Police Station-Lalganj, District-Pratapgarh but only to harass the applicant the case u/s 125 Cr.P.C. was filed before the Principal Judge, Family Court, Lucknow.

Counter affidavit has been filed by opposite party in which usual allegation has been leveled and it was submitted that application for transfer is based on false and fabricated facts and has been moved with the sole motive to make undue pressure upon her.

I have heard learned counsel for the parties and gone through the record.

Admittedly, both the parties belong to police station-Lalganj, district-Pratapgarh and a criminal case u/s 498-A, 323, 504 and 506 I.P.C. and Section 3 /4 of the Dowry Prohibition Act is pending in the court at District-Pratapgarh.

In view of the fact that the marriage was solemnized at Pratapgarh and both the parties have not been alleged to be living at Lucknow together at any point of time then it will be proper to allow the transfer application and transfer Criminal Case No. 24 of 2012, u/s 125 Cr.P.C. pending in the Court of Principal Judge, Family Court, Lucknow to the competent court at Pratapgarh. In view of the above, transfer application is allowed. Criminal Case No. 24 of 2012, u/s 125 Cr.P.C. pending in the Court of Principal Judge, Family Court, Lucknow is transferred to the Court of Chief Judicial Magistrate, Pratapgarh either to decide himself or transfer it having jurisdiction of deciding the case u/s 125 Cr.P.C. of District-Pratapgarh who to a Court shall decide the case expeditiously as per law.