In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 36093 of 2010 (O&M) Date of Decision: March 15, 2011 Gaurav Tehri ---Petitioner versus Bhawna Tehri @ Shivani and another ---Respondents Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.Jagdish Manchanda, Advocate, for the petitioner *** GURDEV SINGH, J. Heard. This petition has been filed under Section 407 of the Code of Criminal procedure by the petitioner, Gaurav Tehri, for the transfer of the petition under Section 125 Cr.P.C. filed against him by the respondents, from the Court of Chief Judicial Magistrate, Kapurthala, to some Court of competent jurisdiction at Chandigarh or Ambala. While passing order dated 8.12.2010, the dispute between the parties was referred to Mediation and Conciliation Centre of this Court subject to the petitioner paying ` 15,000/- to the respondent on her appearance before that Centre. The file was sent to that Centre. A perusal thereof shows that the respondent along with her father appeared before that Centre on 16.2.2011 but the petitioner never appeared. The payment of the amount was condition Crl. Misc. No. M- 36093 of 2010 -2- precedent, which has not been complied with by the petitioner. It is very much clear from the order dated 8.12.2010, that no merit was found in the petition when the same was taken up for hearing. The relevant portion of that order is reproduced below:- “After hearing learned counsel for the petitioner, I am of the opinion that the convenience of respondent No. 1 cannot be ignored. She being a resident of Kapurthala cannot be compelled to continue with her petition u/s 125 Cr.P.C. at a distance place at Rohtak or at any other place away from Kapurthala, especially when she has to look after the minor child.” Faced with that situation, it has been submitted by counsel for the petitioner that he is ready to pay the amount of ` 15000/- to respondent No. 1. It appears that the petitioner is trying to gain the time and to delay the proceedings. No ground for transfer of the proceedings is made out and the petition is dismissed accordingly. (GURDEV SINGH) JUDGE March 15, 2011 PARAMJIT