PRACHI PANDEY Vs. ANANT SHUKLA

JUDGEMENT

(1.) The petitioner is the complainant in Criminal Case No. RCT No. 4102252/2016, pending before the J.M.F.C, Rewa. The complainant/petitioner was threatened by the respondent No. 1/husband, when she had gone to Rewa to attend the case on the ground that a relative of the respondent is working as District Prosecution Officer, Rewa. Therefore, she requests for transfer of the case to Satna. She claimed that she is living at Satna at her uncle's place. She would be able to attend the case freely at Satna, if it is transferred to Satna and she claims that the respondent No. 1/husband was pressurizing and threatening her to compromise and to withdraw a criminal case. Hence, she would be deprived of justice, if the trial is continued at Rewa.

(2.) Per contra, learned counsel appearing for the respondent Nos. 1 to 5 vehemently opposed the contentions and it is submitted that marriage took place on 04.12.2015. The petitioner left the matrimonial home on 05.12.2015 and is residing at Amarpatan. She came to Rewa after "Gauna" on 15.12.15. Thereafter, left the house of the respondent on 16.01.2016 and since then she did not return. She lodged the F.I.R on 25.11.2016 on a concocted averments. The respondent No. 1 has filed an application for divorce before the Familty Court, Rewa. She participated in the proceedings before the Family Court and moved application for interim maintenance under Section 24 of the Hindu Marriage Act but the petitioner with false grounds had requested to transfer the case from J.M.F.C, Rewa to J.M.F.C, Satna.

(3.) It is further claimed that the grounds raised by the petitioner are not maintainable under the eyes of law. The alleged incident took place at Rewa and the charge sheet has been filed at Rewa. Therefore, the respondent on false and concocted averments, has lodged the complaint alleging the threat which is not true. The Police Authorities have not found any truth in the said complaint and, therefore, have not taken any action on the complaint. Thus, the transfer of the case to Satna is not maintainable. The same be dismissed with heavy cost.