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Can I ask for transfer of a pending criminal case to another state?
05-Apr-2023 (In Criminal Law)
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?
Please advice.
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.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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