Crl. Misc. No. M – 415 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 415 of 2010 (O&M) Date of decision :- 15.2.2011 Lovedeep Kaur and Ors ... Petitioners Versus Jasbir Singh ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. B.D.Sharma, Advocate, for the petitioners. Gurdev Singh, J (oral) Heard. This petition under Section 407 Cr.P.C has been filed by Lovedeep Kaur and other petitioners for the transfer of criminal complaint No.229/1 dated 21.8.2007 titled "Jasbir Singh Vs. Lovedeep Kaur and others", filed under Section 419, 420, 506 and 120-B IPC, from the Court of Judicial Magistrate, Ist Class, Ludhiana to the Court of Judicial Magistrate, Ist Class, Amritsar, on the grounds mentioned therein. As per the facts disclosed in the petition marriage of petitioner No.1 took place with Jasbir Singh- respondent on 14.9.2005. After the marriage he was treated with cruelty on the ground of demand of dowry. She lodged FIR No.77 dated 14.5.2007 under Section 498-A IPC against the respondent and his mother Jaswant Kaur in Police Station Division No.8, Amritsar. As a counter-blast, the respondent filed a petition under Section 11 of the Hindu Marriage Act 1955 (for short 'the Act') in the Court of District Judge, Ludhiana on false and frivolous grounds. She moved Crl. Misc. No. M – 415 of 2010 (O&M) -2- application for transfer and the said petition was transferred to Amritsar by this Court vide order dated 18.10.2007. The respondents filed Crl. Misc. No. 442-M of 2008 before this Court for the quashing of the said FIR after concocting a false and frivolous story regarding a compromise between him and petitioner No.1, which was found to be false by this Court and the petition was dismissed. Respondent is trying to harass the petitioner and with that intention he lodged above said false complaint at Ludhiana in which she herself and the other petitioners have been summoned as accused. The respondent is an influential person and has threatened all of them many a times to withdraw the FIR registered against him under Section 498-A and they are apprehending that in case they go to Ludhiana to appear in the complaint, they would be physically harmed. They will not be able to defend the case at that place and the interest of justice requires that the same be transferred to Amritsar. As is clear from the Annexures attached with the present petition respondent filed petition under Section 11 of the Hindu Marriage Act, 1955, against petitioner No.1 – Lovedeep Kaur for obtaining a decree of nullity of his marriage. That petition, on the application of petitioner No.1, was transferred by this Court from Ludhiana to Amritsar. Respondent did not appear in that petition and the same was dismissed in default. On the same facts, which were pleaded in that petition, the respondent has filed the above referred complaint in the Court at Ludhiana. Had he been serious about the allegations so levelled against the petitioners, he must have appeared in the petition filed under the Hindu Marriage Act. It can be concluded from the facts that his only intention is to harass the petitioners by filing the Crl. Misc. No. M – 415 of 2010 (O&M) -3- complaint at Ludhiana. The apprehension of the petitioners that they will be harmed by the respondents in case they go to attend the Court at Ludhiana is well founded. The interest of justice requires that the complaint be transferred from the Court of Judicial Magistrate, Ist Class, Ludhiana to the Court of competent jurisdiction at Amritsar. The application is accepted accordingly. The criminal complaint No.229/1, dated 21.8.2007, titled as "Jasbir Singh Vs. Lovedeep Kaur and others" filed under Sections 419/420/506/120-B IPC, is withdrawn from the file of the Judicial Magistrate, Ist Class, Ludhiana and is transferred to the Additional Chief Judicial Magistrate, Amritsar for deciding the same in accordance with law. The parties are directed to appear in that Court on 22.3.2011. February 15, 2011 (Gurdev Singh) tripti Judge