T.A.No. 382 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No. 382 of 2011 Date of decision: 25.8.2011 Chaman Applicant v Smt.Rajwanti Respondent CORAM: HONB'LE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. S.R.Hooda, Advocate for the applicant Mr. Jasmer Singh,Advocate for Mr.Vikram Singh Dhakla,Advocate for the respondent .... JITENDRA CHAUHAN,J. 1. This transfer application is filed by the applicant under section 24 of Civil Procedure Code, for transfer of the Civil Suit filed by the respondent pending adjudication in the Court of Civil Judge, Sr. Division, Safidon to the courts of competent jurisdiction at Sonepat or Ganaur. 2. Brief facts of the case are that Rajwanti-respondent is the real bua (father's sister) of applicant-Chaman (4-1/2 year, represented by her mother Niki). She executed a Release Deed No.305 dated 14.5.2007, transferring her property measuring 210 Kanals 15 Marlas, situated in the revenue estate of Village Bagru Kalan Tehsil Safidon, District Jind, in favour of the applicant. Mutation No. 697 was sanctioned on 29.5.2007. The entries were made in the revenue record. She filed a civil suit on 11.6.2007 alleging that the applicant be restrained from interfering in her possession. She also filed a complaint under section 420/465/468/471/120- T.A.No. 382 of 2011 2 B IPC against the applicant and her other relatives. Investigation was made by the local police and no substance was found in the same. Thereafter, she filed a criminal complaint No. 51 dated 4.8.2007 in the court Sub Divisional Judicial Magistrate, Jind, which was dismissed on 23.10.2009. 3. It is the case of the applicant that the respondent on one pretext or other is harassing the family of the applicant and has made their life miserable. It is further case of the Niki-mother of the applicant that on 14.9.2010, the respondent-Smt. Rajwanti, one Maluka son of Zile Singh, Lambardar, and one Kala called her at Village Bagru Kalan to get a compromise affected between the parties. She reached there at 2 p.m. Maluka who was present there told her that by the evening Rajwanti and Kala would also arrive. They offered tea to Niki by mixing some substance. She became unconscious. Maluka and Kala committed rape upon her and thrown her at Anchara Turning Road, fled to Gohana Side by giving her threats that in case, she narrated this incident to anybody, her entire family will be finished. She went to Police Station, Safidon and reported the matter to the police. FIR NO. 298 dated 15.9.2010 under sections 376-G/365/528/506 IPC was registered against the accused. No action was taken against the accused. Niki made a representation to the Director General of Police, Haryana, Panchkula and prayed for justice. She sought the status of the case by making application under the RTI Act and she was informed that the investigation in the case is underway. Apprehending danger to the life and liberty of her family, Niki-mother of the applicant, prays for transfer of the proceedings to the court of competent jurisdiction at Sonepat, where she is presently residing. 4. Respondent filed written statement denying all the allegations. T.A.No. 382 of 2011 3 5. I have heard learned counsel for the parties and gone through the record. 6. A careful scruitny of the file shows that the criminal complaint filed by Rajwanti against her sister-in-law, Niki and her own sister Kelo, under sections 420,467,468,471,120-B IPC, was dismissed on 23.10.2009 by the Sub Divisional Judicial Magistrate, Safidon. A finding was recorded by the Ld. S.D.M that the existence of the release deed is not disputed, which is Ex. C/1, which is a registered sale deed, which was attested by Jeetu and Ramphal ( husband of Rajwanti). The complaint was sent to the enquiry under section 202 Cr.P.C. The police reported that no fraud was committed by the accused persons. The police had recorded the statement of Sanjeev Nehra, Registration Clerk as well as Ramphal, Zile Singh, Kelo, Dharambir, Rajbir, Niki, Rajwanti and Sheetal Parkash, who is the scriber. Ramphal and Zile Singh admitted that they had put their thumb impression on the release deed under the impression that the documents are required as power of attorney for getting the compensation from the Government for the damage of their crop due to heavy rain and hail storm. It was observed by the S.D.M that these witnesses were not trustworthy as they failed to produce any document on record. The release deed was a registered document. The respondent-Rajwanti signed the same in the presence of the Sub Registrar. The attesting witnesses put their thumb impressions in the presence of the Enquiry Officer. The release deed was executed on 14.5.2007 and the complaint was filed on 4.8.2007, after a gap of two months. It was further observed that the complainant did not lodge any complaint against the accused, immediately after the execution of the release deed on 14.5.2007. The complaint was dismissed. T.A.No. 382 of 2011 4 7. From the above, it is clear that Niki, mother of the applicant, was put in exceptional hardship by the respondent and the apprehension expressed by her appears to be well-founded. The minor, applicant is contesting the suit, has approached this court through his mother-cum- natural guardian. The applicant can effectively defend the case through his mother at Sonepat, where she actually resides. 8. In view of the above, this court feels that ends of justice would be met if the proceedings pending at the Court of Civil Judge, Sr. Division, Safidon are transferred to the court of competent jurisdiction at Sonepat. 9. Accordingly, it is ordered that the transfer application is allowed and the civil suit pending adjudication between the parties, at the Court of Civil Judge, Sr. Division, Safidon is transferred to the court of competent jurisdiction at Sonepat. The file shall be sent to the District Judge, Sonepat, who will entrust the same to the court of competent jurisdiction. 10. Parties through their counsel are directed to appear before the Ld. District Judge, Sonepat on 22.10.2011. (JITENDRA CHAUHAN) JUDGE 25.8.2011 MS