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Judgment
Petitioner aggrieved wife has approached this Court
praying that Criminal Case No.16/2017 initiated at the instance of
respondent husband titled as State vs. Kamna Shekhawat pending
in the court of ACJM No.3, Alwar be transferred to any court of
competent jurisdiction at Jaipur.
The learned counsel for the petitioner has submitted
that the petitioner on 17.1.2010 was married with the respondent
no.2. During subsistence of marriage, differences arose and
petitioner aggrieved wife lodged FIR No. 36/2014 at Mahila Police
Station, Jaipur. It is contended that the proceedings arising out of
said FIR are pending in the court of Judicial Magistrate No.20,
Jaipur Metropolitan. It is further contended that the petitioner wife
had also filed an application under the provisions of Protection of
Women from Domestic Violence Act, 2005 and the said
proceedings are pending in the court of Metropolitan Magistrate
No.14, Jaipur. The learned counsel for the petitioner has
contended that with mala fide intention, to pressurize the
petitioner wife, respondent husband has filed false FIR No.
266/2016 at Police Station Aravali Vihar, Alwar and in the said FIR,
charge-sheet has been submitted in the court of ACJM, No.3,
Alwar. It is further contended that divorce petition is also pending
between the parties and same is pending before Family Court
No.3, Jaipur.
Considering that the petitioner is a lady having a
daughter of five years, along with the fact that except the present
case, all cases between the parties are pending in the court of
competent jurisdiction at Jaipur, the present petition is allowed
and the proceedings arising out of FIR No.266/2016 registered at
Police Station Aravali Vihar, Alwar are transferred to the court of
Metropolitan Magistrate No.20, Jaipur. The said court shall try both
the cases, bearing No. 36/2014 and 266/2016 simultaneously and
separately.