Saini Tripti 2013.08.13 10:45 Crl.
Misc.
not M-25664 of 2012(O&M) -1- I attest to the accuracy and integrity of this document IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl.
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not M-25664 of 2012(O&M) Date of Decision:
08. 8.2013.
Minkel Kumar and others ........Petitioners versus Babli ......Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Gaurav Bhayyia, Advocate, for Mr.S.N.Sharma, Advocate, for the petitioneRs.Mr.Satbir Rathore, Advocate, for the respondent....SABINA, J.
Petitioners have filed this petition under Section 407 of the Code of Criminal Procedure seeking transfer of the complaint No.7/2002 titled “Babli versus Minkel Kumar & Ors.”
filed under Section 12 of the Protection of Woman From Domestic Violence Act, 2005 from the Court at Mukerian to the Court of competent jurisdiction at Ludhiana.
Learned counsel for the petitioners has submitted that the petitioners are residents of Ludhiana.
Infact respondent and her parents are also resident of Ludhiana and just to harass the petitioners complaint in question has been filed at Mukerian by the respondent alleging therein that she was residing with her maternal uncle at Talwara.
Learned counsel for the respondent on the other hand has opposed the petitioner and has stated that the respondent is residing at Talwara with her maternal uncle.
During the couRs.of arguments, it has transpired that a Crl.
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not M-25664 of 2012(O&M) -2- complaint had been filed before the police station Women Cell, Ludhiana by the respondent.
In the said proceedings a compromise was effected between the parties.
Respondent had made a statement on 6.4.2012, stating therein that she was resident of Ludhiana and did not want to proceed further with the complaint.
However, complaint in question has been filed on 25.4.2012 by the respondent at Mukerian alleging therein that she was presently residing at Mukerian.
Admittedly, parents of respondent are residents of Ludhiana.
It appears that with a view to harass the petitioneRs.respondent has filed the complaint in question before the Court at Mukerian alleging that she was residing at Talwara with her maternal uncle, although in the complaint filed before the Women Cell, Ludhiana, by the complainant on 6.4.2012, she had stated that she was resident of Ludhiana.
Learned counsel for the petitioner has assured that the petitioners shall appear before the Court at Ludhiana forthwith.
Keeping in view the above facts, this petition is allowed.
Complaint No.7/20012, dated 25.4.2012 titled “Babli versus Minkel Kumar & Others”.
filed under Section 12 of Protection of Woman From Domestice Violence Act, 2005 is withdrawn from the Court of Judicial Magistrate, Ist Class, Mukerian and is transferred to the Court of Chief Judicial Magistrate, Ludhiana.
The Chief Judicial Magistrate, Ludhiana, may deal with the case himself or may entrust the same to any other competent Court at Ludhiana.
August 8, 2013 (SABINA) tripti JUDGE