Baldev Singh vs Deepika Thakur
2022 Latest Caselaw 8370 HP

       IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA


                   ON THE 11th DAY OF OCTOBER, 2022




                                                          .

                               BEFORE

                HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





    CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 719 of 2022

    Between:-

          DEEPIKA THAKUR, AGE ABOUT




          33 YEARS, WIFE OF SH. GAURAV
          SHARMA SON OF SH. KULDEEP
          KUMAR     DOGRA,   PRESENTLY
          RESIDING WITH HER FATHER SH.

          GAURI SINGH SON OF LATE SH.

          BALDEV    SINGH   R/O  DROBI
          MOHALLA, CHAMBA, TEHSIL AND
          DISTRICT CHAMBA.

                                                              PETITIONER


            (BY MR. VINAY MEHTA & MR. RAHIL
            MAHAJAN ADVOCATES.)

            AND




          KULDEEP DOGRA AGED 67





          YEARS, S/O SH. BALA RAM R/O
          HOUSE NO. 350, WARD NO. 6
          GURUDWARA ROAD





          DHARAMSHALA, TEHSIL
          DHARAMSHALA, DISTRICT
          KANGRA, HIMACHAL PRADESH.                            RESPONDENT

           (BY MR. DEEPAK KAUSHAL &
           MR. ABHISHEK VERMA, ADVOCATES)


       Whether approved for Reporting?




                                         ::: Downloaded on - 17/10/2022 20:00:52 :::CIS
                                          2              Cr.MMO No. 719 of 2022




                  This petition coming on for presence of parties this day,
    the Court delivered the following:




                                                                .
                                JUDGMENT

By way of this petition, petitioner is seeking transfer of

Private Complaint No.29-II/2020 (CIS No.07/22), titled as Kuldeep

Dogra versus Deepika Thakur, filed against the petitioner by the

respondent under Section 499 IPC, punishable under Section 500 IPC,

pending adjudication before the Chief Judicial Magistrate, Kangra at

Dharamshala to the Court of Chief Judicial Magistrate Chamba, District

Chamba, H.P.

2. Learned counsel for the respondent has opposed the

transfer of private complaint to Chamba, on the ground that the

petitioner is residing in the jurisdiction of Chief Judicial Magistrate,

Kangra at Dharamshala.

3. It has been submitted on behalf of petitioner that after

marriage with Gaurav son of respondent Kuldeep Kumar Dogra, their

relations were strained and petitioner was compelled to reside at her

parental home at Chamba and, as such, she is presently residing at

Chamba. Further, petitioner has preferred a complaint under the

provisions of Domestic Violence Act against the respondent and his

family members, including husband, through Women Police Station,

Chamba and the same is pending adjudication before the Chief Judicial

Magistrate, Chamba and another criminal case initiated by her lodging

.

FIR No. 4 of 2021 against her husband on 10.09.2021 under Section

498-A and 506 of IPC in Women Police Station, Chamba, is also

pending at Chamba.

4. Further that a divorce petition filed by the husband of the

petitioner had for dissolution of marriage under Section 13 of Hindu

Marriage Act against the petitioner was pending in the Court of Principal

Judge (Family Court) Kangra at Dharamshala and on filing CMPMO No.

342 of 2021, titled as Deepika Thakur versus Gaurav Sharma by the

petitioner in this High Court, the same has been ordered to be

transferred to Principal Judge (Family Court) Chamba by a Co-ordinate

Bench of this Court, vide judgment dated 07.01.2022 and the said

petition is pending adjudication at Chamba.

5. Learned counsel for the petitioner has also referred various

judgments of the Supreme Court in, Sumita Singh Versus Kumar

Sanjay and another (2001) 10 SCC 41; Soma Choudhury Versus

Gourab Choudhaury (2004) 13 SCC 462;,Rajani Kishor Pardeshi

Versus Kishor Babulal Pardeshi (2005) 12 SCC 237; Arti Rani alias

Pinki Devi and another Versus Dharmendra Kumar Gupta (2008) 9

SCC 353; and, Anjali Ashok Sadhwani Versus Ashok Kishinchand

Sadhwani AIR 2009 SC 1374, wherein it has held that it is the wife's

convenience, which must be looked at in a case where she seeks

.

transfer of the petition.

6. Taking in to consideration the facts and circumstances of

the case, including the transfer of divorce petition preferred by the

husband of the petitioner, as also pronouncement of the Supreme Court,

I am of the opinion that the present petition also deserves to be allowed.

Accordingly, the present petition is allowed and the Private Complaint

No. 29-II/2020 (CIS No.07/22) titled as Kuldeep Dogra versus Deepika

Thakur, filed by the respondent pending before Chief Judicial

Magistrate, Kangra at Dharamshala is ordered to be transferred to the

Court of Chief Judicial Magistrate, Chamba.

7. Registry is directed to convey this order forthwith to Chief

Judicial Magistrate, Chamba as well as to Chief Judicial Magistrate,

Kangra at Dharamshala for compliance. Chief Judicial Magistrate,

Kangra at Dharamshala is directed to transfer the record pertaining to

the aforesaid complaint forthwith to the Court of Chief Judicial

Magistrate, Chamba, under intimation to the respondent. Parties are

directed to remain present before the Court of Chief Judicial Magistrate,

Chamba, on 11.11.2022.

8. With the aforesaid observations, the present petition stands

disposed of, so also pending miscellaneous application(s), if any.

.

Petitioner is permitted to use the downloaded copy of this

order from the High Court Website and trial Court shall not insist for

certified copy of the order, rather if need be, passing of order can be

verified from the High Court website or otherwise.

                                                 (Vivek Singh Thakur),
    11th October, 2022                                  Judge.
         (subhash)     r