Transfer petition 498a in sc

@ author going by your brief only option available to you is to file for fir quashunder crpc482

in Gwalior HC on jurisdiction grounds. However chances of success appear to be slim atleast before

filing of chargesheet I would suggest to face trial in Gwalior

rather than wasting time and money on quashing.Criminal cases are rarely transferred.

regards

ASHOK

thanks sir for your reply. Facing trial was fair option, but Gwalior is 11 hours from my home and very difficult to attend. Moreover, he has his goons sitting in court compound so that's another very difficult part. They tried each and every thing so that we cannot have DD for even getting bail that time(asked in banks wherever we go to not issue DD)

Chargesheet is now filed, just got the letter today from the police. Can somebody also shed light about the chances of case being transferred to Delhi where most of the crimes have been alleged to be committed.

Dear Querist,

For filing Transfer Petition in SC in order to get the 498a case transferred from Gwalior, MP to Delhi, you will need to give some cogent and sufficient reasons. As facts stated in the query, I am of following view:

i.                                Since your wife (proposed Respondent) used to work and live together with you (proposed Petitioner) in Delhi immediately after the marriage.

ii.                               Both the proposed Respondent as well as the Petitioner are working in Delhi.

iii.                             The proposed Respondent who filed the 498a case in November 2011 (FIR under 498a was filed in November 2011) in her home town Gwalior based on the allegation that your parents used to come to Delhi for demanding dowry. [Cause of action for filing 498A]; more so, the proposed Respondent was physically tortured in Delhi and on many occasions dowry demand was allegedly made in Delhi only.

iv.                            In order to get the jurisdiction of Gwalior, the proposed Respondent has made allegation that it was in April 2011, in a marriage function, she was abused, demanded dowry in “her home” in front of her parents in Gwalior.

v.                             It is a case of forum shopping by the proposed Respondent.

vi.                            The proposed Petitioner has filed Divorce suit in September 2011 in Delhi jurisdiction in which proceedings the proposed Respondent is regularly attending the case in Delhi.

vii.                          The proposed Petitioner’s father-in-law is the influential person in Gwalior and to avoid further harassment, proposed Petitioner & his parents lodged complaint in NHRC, Delhi and unduly influenced police who are serving not public purpose but advancing the private illegal aims which is evidenced from the fact that the local police in Gwalior served notices to come to Gwalior for the investigation wherein they have already taken our statements 1 year ago.

viii.                         If the said 498A case is transferred, it would also be convenient to the wife i.e. proposed Respondent.

In view of above, you have every chance of success in getting the Transfer Petition allowed and case transferred from MP to Delhi.

Please revert should there be any other or further query.

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

Dear Querist,

Quashing based on jurisdiction is a better option than going for transfer petition.

Regards,

Dear Querist

I have different opinion from Both the above experts, Your case can not be transfered with filing any FIR against her parents if they use force, take help of goons or police against you but without the FIR/cross FIR, then only the case can be transfer otherwise the court may not be pass an transfer order.

secondly the case can not be quashed on jurisdiction based because the complainant clearly stated that " "finally in April 2011 we took her to Gwalior on pretext of attending marriage function and abused, demanded dowry in “her home” in front of her parents. She has alleged that we left her in home in Gwalior until dowry demand is completed. She filed the FIR under 498a in November 2011".

so the Gwalior court has jurisdiction & on this ground the fir can not be quashed. its my own opinion

I agree to experts.

It can not be quashed and It can not be transfered.

Better option for you is find a very good lawyer in Gwalior. 

Explain him your problem , and ask him to accompany you to police station. And he can tell police not to harrash you by calling again and again and you are innocent.