Bombay High Court
Mrs. Preeti Swapnil Kharat vs Swapnil Sudam Kharat And Others on 26 September, 2017
Bench: V.M. Deshpande
appln.1.17(J) 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APPLN) NO. 1 OF 2017
Mrs. Preeti Swapnil Kharat,
Age 25 years, Occ-Housewife,
R/o A9/505, Nilgiri CHS,
Lokdhara,Kalyan(East),
District Thane. .....APPLICANT
...V E R S U S...
1. Swapnil Sudam Kharat,
R/o Saitirth Apt.,Kasturi Complex,
Shahapur,District-Thane.
2. Sudam Vishnu Kharat,
R/o Saitirth Apt.,Kasturi Complex,
Shahapur,District-Thane.
3. Mrs. Annapurna Sudam Kharat,
R/o Saitirth Apt.,Kasturi Complex,
Shahapur,District-Thane.
4. Mrs.Vaishali Shrikant Ghode,
C-2,Lokgram CHS Kalyan(E),
District-Thane.
5. Shrikant Himmatrao Ghode,
C-2,Lokgram CHS Kalyan (E),
District Thane.
6. Kum Manisha Sudam Kharat,
R/o Saitirth Apt.,Kasturi Complex,
Shahapur,District-Thane.
7. State of Maharashtar,
through Buldhana City,
Police Station. NON-APPICANTS
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appln.1.17(J) 2
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Shri P.M.Bopardikar,Advocate for petitioner.
Shri A.B.Mirza,Advocate for non-applicant nos. 1,2,3,4,5,6.
Shri T.A.Mirza,A.P.P. for State- non-applicant no.7.
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CORAM:- V. M. DESHPANDE, J.
DATED :- SEPTEMBER 26,2017
ORAL JUDGMENT
Rule. Rule is made returnable forthwith. Heard finally
by consent of learned counsel for the parties.
2] This is an application under Section 407 of the Code of
Criminal Procedure for transferring R.C.C.No.65/2016 pending
on the file of learned Judicial Magistrate First Class(Court
No.3),Buldhana for the offence punishable under Sections 498-A,
323, 504,506 of the Indian Penal Code, and under Sections 3 and
4 of Dowry Prohibition Act, and also proceedings under Domestic
Violence Act, which is registered as Misc.Cri.(D.V.)Case
No.26/2016 pending on the file of learned Judicial Magistrate
First Class(Court No.3) Buldhana.
3] The marriage between applicant was solemnised with
non-applicant no.1 on 11/5/2014 in Buldhana District in a
Sansthan known as Mouni Baba Sansthan. Prior to that,
engagement ceremony was performed at Kalyan. After marriage,
the applicant started her cohabitation at Shelud. However, she
was subjected to both physical and mental cruelty at the hands of
the non-applicant nos. 1 to 6 is the allegation in the F.I.R.
Thereafter steps were taken to compromise the matter and the
meeting took place at Buldhana, after forceful exist of the
applicant from her matrimonial house. Unfortunately, the said
meeting failed to yield any positive result. Applicant /first
informant on 15/6/2015 filed F.I.R. with P.S.Buldhana City,
Buldhana. The said F.I.R. was registered as Crime No.137/2015
for the offence punishable under Sections 498-A,323,504,506 of
the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition
Act. Investigating officer completed the investigation and filed the
final report vide Final Report No.46/2016 and was filed in the
Court of learned Judicial Magistrate First Class. The said was
registered as Regular Criminal Case No.65/2016.
4] In the meanwhile, proceedings under Section 12 of the
Domestic Violence Act was filed in the Court of learned Chief
Judicial Magistrate,Buldhana and registered as Misc.Cri.(D.V)
Case No.26/2016. Be that as it may, the present application is
filed by the applicant for transfer of these two proceedings mainly
on the ground of convenience . According to applicant, the non-
applicant nos. 1 to 6 are also residing at Kalyan. According to
learned counsel for the applicant part of the offence took place
within the territorial jurisdiction of Kalyan Court therefore the
said Court is also having competence to try and dispose of the
case. It is also his submission that all the witnesses of the
applicant are from Kalyan.
5] The learned counsel for the non-applicant nos. 1 to 6
opposed the prayer of the transfer. According to learned counsel
for non-applicant nos. 1 to 6 , the non-applicant nos. 2 and 3 are
presently are residing at Yavatmal and applicant no.6 is taking
education at Aurangabad. It is also stated by the learned counsel
for the non-applicant nos. 1 to 6 that on the basis of the
submissions made in the present proceeding present non-applicant
no. 1 preferred an application under Section 482 of the Code of
Criminal Procedure for quashing of the chargesheet and F.I.R.
However, his case was disposed of by this Court on the ground
that the non-applicant no.1 is having an opportunity to file
application for discharge before the competent Court and
thereafter he has filed application for discharge which is pending
before the learned Judicial Magistrate First Class and therefore the
present application is required to be dismissed.
6] The learned counsel for non-applicant nos. 1 to 6 has
no dispute rather in his submission he has admitted that Kalyan
Court is also having jurisdiction to try and decide the cases since
part of the offence has took place within the territorial jurisdiction
of the Kalyan Court. Thus, the application is not at all opposed on
the ground of competence of the criminal Court at Kalyan.
According to learned counsel for non-applicant nos. 2 and 3 who
are father in law and mother in law of the present applicant are
residing presently at Yavatmal,whereas non-applicant no.6 who is
sister in law of the applicant is presently taking education at
Aurangabad. Thus, these non-applicant nos. 2,3 and 6 are not
residing within the territorial jurisdiction of Buldhana. In so far as,
other non-applicants are concerned admittedly, they are residing
at Kalyan. The learned counsel for non-applicant nos. 1 to 6
submitted that if the cases are transferred from Buldhana Court to
Kalyan Court the non-applicant nos. 2,3 and 6 will face hardship.
Strictly speaking even these non-applicant nos. 2,3 and 6 will also
not face any hardship since even for attending the cases at
Buldhana Court as they will have to travel from Yavatmal and
Aurangabad, however their anxiety can be taken care of.
7] Admittedly, all the witnesses of the applicant are
residing within the jurisdiction of Kalyan Court. Further, non-
applicant no.1,husband and non-applicant nos. 4 and 5 against
whom there are serious allegations in the F.I.R. are also residing
within the jurisdiction of the Kalyan Court. Therefore, it will be
even convenient for them to attend the Kalyan Court rather than
to attend the Court at Buldhana. In view of the aforesaid , in my
view this is a fit case wherein this Court should exercise its
jurisdiction and discretion by ordering transferring of the cases
from Buldhana Court to the file of learned Chief Judicial
Magistrate, Kalyan. Consequently, I pass the following order.
ORDER
I) Application is allowed.
II) Regular Criminal Case No.65/2016 pending on the file
of learned Judicial Magistrate First Class,Buldhana for
the offence punishable under Sections 498-A, 323,
504,506 of the Indian Penal Code and Sections 3 and 4
of Dowry Prohibition Act, is hereby ordered to be
transferred from the file of said learned Judicial
Magistrate First Class,Buldhana to the file of learned
Chief Judicial Magistrate, Kalyan.
III) The learned Chief Judicial Magistrate, Kalyan should
either try and dispose of the said case or shall allot
the said case to any other learned Judicial Magistrate
First Class,at Kalyan, for its decision in accordance
with law.
IV) The Misc.Criminal (DV) Case No.26/2015 pending on
the file of learned Chief Judicial Magistrate,Buldhana
filed under Section 12 of the Domestic Violence Act is
ordered to be transferred from the file of learned Chief
Judicial Magistrate,Buldhana to the file of learned
Chief Judicial Magistrate, Kalyan and the said learned
Chief Judicial Magistrate, Kalyan shall try and dispose
of the case in accordance with law.
V) The non-applicant nos. 2,3 and 6 should attend the
Courts at Kalyan only at the time of framing of the
charge and at the time of recording of evidence. For all
other dates, if the applications are filed on their behalf
for their personal exemption it is expected from the
learned trial Courts to decide the said applications
sympathetically in accordance with law.
With this the application is dispose of.
Rule is made absolute.
JUDGE
kitey
