SUSHRUT DAS Vs. SWATI DAS

JUDGEMENT

(1.) Since common question of fact and law is arising and involved in both the petitions filed under Sec. 407 of the CrPC, these two transfer petitions are clubbed together, heard together and are being disposed of by this common order.

(2.) Respondent Smt. Swati Das is wife of petitioner No.1 Sushrut Das. Their marriage was solemnised on 3/7/2017 at Raigarh and immediately thereafter, dispute has arisen between them qua demand of dowry resulting into lodging of first information report by Smt. Swati Das against husband, father-in-law and mother-in-law which resulted in filing of charge-sheet before the criminal court i.e. Judicial Magistrate First Class, Raipur being Criminal Case No.585/2019 under Crime No.15/2018 for offence punishable under Sec. 498A read with Sec. 34 of the IPC which was taken cognizance of on 30/1/2019 and that is pending consideration. In the meantime, Smt. Swati Das filed an application under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'the Act of 2005 ') before the Court of Judicial Magistrate First Class, Raipur which was registered as MJC No.175/2018 and that is how both the cases (criminal case and application under Sec. 12 of the Act of 2005) are pending consideration before that Court.

(3.) Now, the husband and in-laws of Smt. Swati Das have preferred transfer petitions for transfer of both the cases to Bilaspur or Raigarh or to any other place, as they are finding it difficult to defend themselves in the court of JMFC, Raipur where the cases are pending because, they are residing at Raigarh. No reply has been filed on behalf of the respondents in both the transfer petitions.