(1.) THE instant application prays for transfer of the complaint titled Shiban Krishan Bhat v. T. K. Sapru and ors. which is pending before the Judicial Magistrate, Magam to any other Court of Competent jurisdiction at Jammu. There are various grounds pleaded in support of the transfer application. However, Mr. K. L. Bhat, learned counsel for the petitioner has stated that a final settlement with regard to matrimonial disputes between the parties have been entered into on 05.05.2012. According to the aforesaid compromise, a divorce petition No. 259 of 2009 is pending before the Family Court Jammu and the parties, namely, Mrs. Bhawna Bhat and Sumeet Bhat have agreed to give their mutual consent for the decree of divorce to be granted by the Court concerned. As per Clause I of the settlement, the Criminal complaint in question in this transfer application filed by Shiban Krishan Bhat in the Court of Munsiff, Magam Kashmir would also not be pursued and all endeavour would be made to withdraw the same on the next date of hearing. Accordingly, it has been submitted that the complaint be transferred to the Court of Competent jurisdiction at Jammu so that in terms of settlement the respondent makes a statement before the Court of Competent jurisdiction at Jammu and withdraws the same. A photocopy of the final settlement entered at Allahabad, High Court Mediation and Conciliation Centre has been taken on record as Mark A '.
(2.) IN view of the above, complaint no. 320/M pending before Munsiff, Magam Kashmir is ordered to be transferred to the Court of Competent jurisdiction at Jammu. The record of the complaint has already been received which may be sent to the Chief Judicial Magistrate, Jammu and an intimation in that regard be also sent to the Munsiff, Magam Kashmir.