Criminal Misc. No. M-78 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-78 of 2010 Date of Decision: 22.2.2011 Sandeep Kumar and Another …Petitioners Versus Kamla Devi …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Bikramjit Singh, Advocate for Mr. Jagpal Singh, Advocate for the petitioners. None for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 407 Cr.P.C. for transfer of a case viz. Criminal Complaint under Section 406/34 IPC pending in the Court of Judicial Magistrate Ist Class, Gurdaspur (Annexure P2) to the Court of competent jurisdiction at Jalandhar, where a case FIR No. 90 dated 16.7.2007, registered at Police Station Lambra, District Jalandhar, under Sections 498-A, 323, 325, 342, 148 and 149 IPC against the petitioners is pending. The case as set out in the present petition is that petitioner No.1 was married with respondent Kamla Devi on 21.2.2007 at village Magrala, Tehsil and District Gurdaspur. Father of respondent-Kamla Devi got lodged the aforesaid FIR. Lateron, a criminal complaint dated Criminal Misc. No. M-78 of 2010 2 16.11.2007 under Section 406/34 IPC (Annexure P2) was filed in the Court of Judicial Magistrate Ist Class, Gurdaspur. Notice in the present petition was issued to the respondent. On 23.11.2010, a Co-ordinate Bench of this Court had passed the following order:- “...Respondent has been served by affixation after she refused to accept the notice. Respondent is proceeded against ex parte for the purpose of this transfer application. For arguments, to come up on 18.01.2011...” Today also, nobody has caused appearance for the respondent. Learned counsel for the petitioner submits that the allegations, levelled in the criminal complaint and those in the FIR, are common. He further submits that father of the respondent has stated that he gave dowry to the petitioners according to his capacity, however, they started harassing the respondent and were demanding more dowry. Whereas in the complaint filed, it has been stated that the accused caused maltreatment and gave beatings to the respondent for bringing less dowry and not to their expectations. Learned counsel further submits that in the parallel proceedings pending before two Courts on same set of allegations, there is every possibility of judicial embarrassment. After hearing learned counsel for the petitioner, the case FIR No. 90 dated 16.7.2007, registered at Police Station Lambra, District Jalandhar, under Sections 498-A, 323, 325, 342, 148 and 149 IPC and Criminal Misc. No. M-78 of 2010 3 the criminal complaint under Section 406/34 IPC (Annexure P2), pending in the Court of Judicial Magistrate Ist Class, Gurdaspur, are transferred to the Court of competent jurisdiction at Batala. The transferee Court shall consider the provisions of Section 210 Cr.P.C. and after hearing learned counsel for the parties, shall examine as to whether both criminal complaint and FIR can be clubbed together or not. In case, the Court comes to a conclusion that clubbing of the cases is not necessary, then both FIR and the complaint cases shall be tried by one Court separately but simultaneously. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 22, 2011 “DK”