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CASE NO.: Transfer Petition (crl.)  77 of 2007

PETITIONER: Gurpreet Kaur @ Rinky

RESPONDENT: Vipin Kumar Gupta

DATE OF JUDGMENT: 02/11/2007

BENCH: K.G. Balakrishnan & R.V. Raveendran & V.S. Sirpurkar

JUDGMENT: JUDGMENT

O   R   D   E   R TRANSFER PETITION (CRIMINAL) NO.77 OF 2007

K. G. Balakrishnan, CJI,  

       The petitioner claims that the respondent was her mother’s counsel in  a number of matrimonial and maintenance cases filed by her mother against  her father. She alleges that she is in her twenties and engaged to one  Parminder Singh. She claims that the respondent had advised the petitioner  to file a petition under section 18 of the Hindu Adoption & Maintenance Act  against her father, seeking the expenses of her forthcoming marriage and in  that behalf, took signatures from her on several blank papers. Thereafter,  respondent having evil designs on her started pressurizing her to break off  her engagement and marry him, though he was 48 years of age and already  married having two children. The petitioner and her mother warned the  respondent that he should not harbour such feelings. The respondent became  furious and threatened the petitioner that he would not allow her to live in  peace.  

2.      According to her, with a view to spoil her marriage prospects, the  respondent filed a frivolous civil suit against the petitioner, her brothers and  other relatives; that in furtherance of his evil designs, he also forged a letter  dated 19.12.2006 purporting to have been authored by the petitioner  addressed to his friends at Mumbai, making defamatory imputations against  him, and on that basis filed a complaint before the Metropolitan Magistrate  (49th Court), Mumbai under section 200 Cr.P.C. in January, 2007, praying  that the petitioner be summoned, tried and penalized for the offence of  defamation. The learned Magistrate has issued summons to the petitioner in  the said case. The petitioner has filed this petition for transfer of the said  criminal proceedings bearing CC No.6/SS/2007 from the Court of the  Special Metropolitan Magistrate, 47th Court, Vikhroli, Mumbai to any court  in Delhi. The petitioner contends that though the respondent resides in Delhi,  he has filed the complaint in Mumbai to put her to hardship, both financially  and otherwise as she will be required to travel all the way to Mumbai and  appear in the case on several hearings;  that the respondent may resort to  third degree methods in Mumbai; and that he may harass her by seeking  unnecessary adjournments.  

3.      The respondent has resisted the petition by filing a counter, alleging  that the petitioner developed intimacy with him and was requesting him to  marry her; and that she had defamed him by writing letters to his friends  making false allegations. He has contended that she will not be put to any  hardship as she can seek exemption from personal appearance in the  Mumbai court. According to him, his main witnesses are at Mumbai and  they will not be able to come over to Delhi if the case is transferred. He also

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stated that the apprehensions of petitioner that he will seek unnecessary  adjournments or indulge in any harassment tactics, are without basis. When  the matter came up for hearing today, the respondent who appears in person,  also submitted that the petitioner is now married and is no longer residing in  Delhi but is residing in Punjab and therefore, there is no need to transfer the  case to Delhi.  

4.      Both sides have made several allegations in regard to the merits. We  do not propose to examine them in this case as the scope of transfer  proceedings is limited.  

5.      We are satisfied that petitioner will be put to considerable hardship if  she is required to contest the matter in Mumbai. On the facts and  circumstances, the case deserves to be transferred to Delhi, as requested by  the petitioner.  

6.      We accordingly allow this petition and direct transfer of CC  No.6/SS/2007, titled Vipin Kumar Gupta vs. Gurpreet Kaur from the Court  of the Special Metropolitan Magistrate (47th Court), Vikhoroli, Mumbai to  the court of the Chief Metropolitan Magistrate, Delhi, who shall either  dispose of the case himself or assign it to any other Magistrate in Delhi.