DHARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Shaival M.Patel, learned advocate for the petitioner, states that the petitioner has prayed for setting aside the order dated 25.06.2019 of the Principal District and Sessions Judge, Ahmedabad (Rural) in Criminal Misc. Application No.2802 of 2018, and further prayer has been made to transfer Criminal Misc. Application No.2150 of 2018 from the Court of 5 th Additional Senior Civil Judge to any other Court of similar jurisdiction in the same division.

(2.) Mr. Shaival M.Patel, learned advocate, states that the petitioner had filed the application under the provisions of'Domestic Violence Act'and the petitioner found the learned Magistrate to be bias and prejudicial, who was compelling parties to settle the dispute. The petitioner is aggrieved on that count stating that it is the assurance of the fair trial which is a first imperative of dispensation of justice and, according to the petitioner, it should not be compromised in any manner and therefore, expects that the criminal trial is to be fair, impartial and uninfluenced by extraneous considerations. Mr. Patel states that public confidence in the fairness of trial would be seriously undermined and therefore prays for transfer of the case to any other Court of similar jurisdiction.

(3.) It is to be noted that the grounds raised for grievance are towards the approach of the Judicial Magistrate of insisting settlement in matrimonial dispute. The proceedings under the Protection of Women from'Domestic Violence Act, 2005 (hereinafter referred to as the 'D.V. Act'), came into force to provide more effective protection of the rights of the women guaranteed under the Constitution, who are victims of violence of any kind occurring within the family and the matters connected therewith or incidental thereto.