SONIA AND ORS. Vs. SURMUKH SINGH

JUDGEMENT

(1.) The present petition has been filed under Sec. 407 read with Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') for transfer of case titled as "Surmukh Singh v/s. Ram Lubhaya and others", Criminal complaint No. 79RT/2013, under Ss. 452, 323, 325, 506, 500 read with Sec. 34 of Indian Penal Code (for short 'IPC') pending in the Court of Sub Divisional Judicial Magistrate, Rajpura to the Court of competent jurisdiction at Yamuna Nagar at Jagadhri where the other cases filed by petitioner No. 1 -Sonia i.e., FIR No. 38 dated 04.02.2014 registered under Ss. 498 -A, 406, 323 IPC at Police Station Farakpur, District Yamuna Nagar, petition No. 133 under Sec. 125 Cr.P.C. as well as a complaint under the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act 2005') and the cases filed by petitioner No. 2 -Babli i.e., FIR No. 104 dated 21.03.2014, registered under Ss. 498 -A, 406 IPC at Police Station Farakpur, District Yamuna Nagar, petition No. 22 under Sec. 125 Cr.P.C. and complaint No. 67 dated 13.05.2014 under the Act 2005, are pending.

(2.) Both the petitioners are sisters and they were married in one house to both the brothers. Petitioner No. 1 -Sonia was married to Balwinder Singh (respondent No. 2) whereas petitioner No. 2 -Babli was married to Mohan Singh @ Parveen Singh (respondent No. 3) in the year 2010. Both the petitioners were given beatings and injuries were also caused to them. A complaint was filed under Ss. 452, 323, 325, 506, 500 read with Sec. 34 IPC by the complainant on 01.11.2011 against Ram Lubhaya, Krishna, Sonia, Babli and Baldev Raj. Both the petitioners were summoned to face trial under Ss. 323, 325 and 506 IPC by the trial Court vide order dated 04.06.2014. The aforesaid complaint is still pending before Judicial Magistrate Ist Class, Rajpura. Thereafter, the petitioners filed revision petition before Additional Sessions Judge, Patiala, which was dismissed on 20.11.2014. Subsequently, FIR No. 38 dated 04.02.2014 under Ss. 498 -A, 406, 323 IPC was also registered at Police Station Farakpur, District Yamuna Nagar by petitioner No. 1 against the respondents wherein they have already put in appearance. Similarly, a petition under Sec. 125 Cr.P.C. as well as a complaint under the Act 2005 are also pending. Petitioner No. 1 has also filed a transfer application to transfer the divorce case filed by respondent No. 2 from Rajpura to Yamuna Nagar, before this Court, which is still pending. Similarly, FIR No. 104 dated 21.03.2014 registered under Ss. 498 -A, 406 IPC at Police Station Farakpur, District Yamuna Nagar, a petition under Sec. 125 Cr.P.C. and a complaint under the Act 2005 filed by petitioner No. 2 are also pending.

(3.) Learned counsel for the petitioners submits that the distance between Yamuna Nagar and Rajpura is about 100 kms and it is very difficult for the petitioners to defend themselves as they have to appear in the Court on each and every date of hearing. Moreover, the petitioners are being threatened by the respondents constantly. The petitioners are facing economic hardship as they are not having any source of income and the amount of maintenance as awarded by the trial Court has not been paid to them. Learned counsel further submits that even the amount of Rs. 10,000/ -, which was ordered to be paid to each petitioner by this Court at the time the case was referred to Mediation and Conciliation Centre, has not been paid. Learned counsel also submits that if all the cases are heard at one place, it would be convenient to the parties in view of their poor financial condition. The petitioners would be in a position to get justice as they are being threatened by the respondents on the dates fixed in the case.