ORDER : 1. Read the office report dated January 2, 2025. 2. By filing this petition under Section 406 of the Code of Criminal Procedure, 1973[Cr. PC], the petitioner-wife seeks transfer of Case No. 1293/2022 filed by the respondent-husband under Section 156(3), Cr. PC from the court of the Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate at Ghaziabad, Uttar Pradesh[ACJM, Ghaziabad] to the Court of the Chief Judicial Magistrate, Aurangabad, Bihar on the multiple grounds urged therein. 3. It appears from the order dated March 05, 2022 passed by the Chief Judicial Magistrate, Ghaziabad that the respondent's complaint under Section 156(3), Cr. PC was registered as a complaint case under Section 200, Cr.PC and transferred to the Court of the ACJM, Ghaziabad for further consideration. 4. We have heard learned counsel appearing for the respective parties. 5. It is not in dispute that the respondent has been contesting a complaint case lodged by the petitioner under Sections 323, 307, 341, 379, 498-A and 120-B, Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961 in a court at Aurangabad, Bihar. Further, a maintenance case instituted by the petitioner under Section 125, Cr. PC is also pending in a court at Aurangabad which the respondent has been contesting. That apart, proceedings under Section 9 of the Hindu Marriage Act, 1955 initiated by the respondent has been transferred from the court at Ghaziabad to the court of the Principal Family Judge, Family Courts, Aurangabad by an order dated February 8, 2023 passed by this Court on Transfer Petition (C) No. 1566 of 2022. 6. We have also noted that the parties were referred to the Mediation Centre; however, mediation has failed. 7. Having regard to the above and in the interest of justice, we are of the considered view that the prayer made in this petition ought to be granted. 8. Hence, the transfer petition is allowed. Case No. 1293 of 2022 titled Shailendra Kumar Verma vs. Aarti Kumari and Ors. pending before the ACJM, Ghaziabad is transferred to the Court of the Chief Judicial Magistrate at Aurangabad, Bihar. Records of Case No. 1293 of 2022 be transferred to the transferee court immediately. 9. To avoid delay, the parties are directed to appear before the transferee court on February 17, 2025.
pending before the ACJM, Ghaziabad is transferred to the Court of the Chief Judicial Magistrate at Aurangabad, Bihar. Records of Case No. 1293 of 2022 be transferred to the transferee court immediately. 9. To avoid delay, the parties are directed to appear before the transferee court on February 17, 2025. If any or both of the parties fail to appear on that day, the presiding officer of the transferee court will fix another date of appearance. Thereafter, he shall be free to proceed in accordance with law. 10. The presiding officer shall, once again, endeavour to bring about a settlement between the parties through the process of mediation. If the process is unsuccessful, nothing shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law. 11. If the respondent is unable to attend the proceedings in person on any occasion, he will be at liberty to seek permission to attend through the virtual mode and if such a permission is sought, the presiding officer of the court may proceed to consider it reasonably. 12. Pending application(s), if any, shall also stand disposed of.