Can I ask for transfer of a pending criminal case to another state?
Can a 498 Dowry harassment case be transferred from the girl's native place to Delhi on grounds of ill health and old age of the husband's parents who are also a part of the complaint? My friend's wife moved back to her parent's home a week after their marriage on 5 Dec 2013, and never returned back.
To make matters worse, she has filed a 498 a case in Ahmedabad on 1 Feb 2013. Police came to arrest on 10 Mar 14 without summons. Is it legal?
Now can we transfer the case to Delhi and how do we do it? Also what are the grounds / process to get the complaint cancelled / quashed?
For a limited purpose you may ask for transfer a pending criminal case from a court in one State to that of another State.
In your case, you can seek transfer by filing Transfer Petition in the Supreme Court citing your parents inconvenience to attend court proceedings and corresponding interest of justice. You may also submit in the Petition that you are ready and willing to deposit your wife's travelling etc. expenses for attending the case in Delhi.
The complaint can only be quashed in case you and your wife reach a settlement and a Memorandum of Understanding/Settlement Agreement is executed between you and your wife. The FIR can be quashed if it comes under the ambit of Bhajan Lal's case.
With respect to arrest, the warrants must have been issued as you would not have appeared before the Court. You need to appear and apply for a bail in the Court in Ahmedabad till the Transfer petition is decided by the Supreme Court of India.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- what is the procedure for distribution of property if there is no will
- Can I hit police for self defense if I get physically assaulted
- How can i get stay order for a job transfer.
- Criminal case filed by unknown person can i file defamation case
- Younger brother submiting fake Will by mother for probate civil court