T.P.(Crl) No.216/2023 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (CRL) NO.216/2023 SAROJ SHARMA & ORS. Petitioner(s) VERSUS SANTOSH SHARMA Respondent(s) O R D E R This is a petition filed under Section 406 of the Code of Criminal Procedure, 1973 (for short “CrPC”). The petitioner has filed this transfer petition seeking the following reliefs: “a. transfer the Case No.DV/46/2022 titled as ‘Santosh Sharma vs. Saroj Sharma & Ors’ from the Hon’ble Judicial Magistrate First Class, District: Dibrugarh, Assam to the Hon’ble Court of the Chief Judicial Magistrate, Hisar, Haryana. b. pass such other and further order as this Hon’ble Court may deem fit and proper in the circumstances of the case.” We have heard learned counsel for the petitioner and learned counsel for the respondent. Learned counsel for the petitioner submitted that the 1
T.P.(Crl) No.216/2023 aforesaid case is filed not just against the petitioner herein, who is the daughter-in-law of the respondent, but also as against her family members, who are all in Hisar, Haryana whereas the case has been filed by the respondent in Dibrugarh, Assam. That this is a counter-blast to the case filed by the wife seeking maintenance and domestic violence case filed before the competent Court at Hisar, Haryana. Learned counsel for the petitioner further submitted that the aforesaid case also may be transferred to the Chief Judicial Magistrate, Hisar, Haryana. Learned counsel for the respondent, however, objected to the transfer by contending that the respondent would not be in a position to prosecute the aforesaid case effectively if the same is transferred. However, we find that the interest of justice would be subserved if the aforesaid case is transferred to the Chief Judicial Magistrate, Hisar, Haryana as the other relations of the petitioner are also residing at Haryana. In the circumstances, the respondent herein is permitted to appear either in person or through video conferencing facility in the aforesaid case before the transferee Court. In the result, the transfer petition is allowed and disposed of in the aforesaid terms and Case No.DV/46/2022 titled as ‘Santosh 2
T.P.(Crl) No.216/2023 Sharma vs. Saroj Sharma & Ors’ pending before the Judicial Magistrate First Class, District: Dibrugarh, Assam is transferred to the Court of the Chief Judicial Magistrate, Hisar, Haryana. Registry to communicate this order to the transferor court for taking steps in accordance with this order. ......................,J [B.V. NAGARATHNA] ......................,J [SANJAY KAROL] NEW DELHI, JANUARY 09, 2024 . . . . . . . . . .,J [ B.V. NAGARATHNA ] . . . . . . . . .,J [ SANJAY KAROL ] NEW DELHI, JANUARY 09, 2024 3
T.P.(Crl) No.216/2023 ITEM NO.2 COURT NO.12 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Criminal) No.216/2023 SAROJ SHARMA & ORS. Petitioner(s) VERSUS SANTOSH SHARMA Respondent(s) ([Mediation Report has been received] IA No. 66245/2023 - STAY APPLICATION) Date : 09-01-2024 These matters were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Roopansh Purohit, AOR Mr. Ramesh Kumar Shokeen, Adv. Mr. Harsh Panwar, Adv. For Respondent(s) Mr. Avijit Roy, AOR UPON hearing the counsel the Court made the following O R D E R The transfer petition is allowed and disposed of in terms of the signed order. Pending application(s), if any, shall also stand disposed of. (KRITIKA TIWARI) (MALEKAR NAGARAJ) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (Signed order is placed on file) 4
1 ITEM NO.1 COURT NO.2 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Criminal) No(s). 216/2023 SAROJ SHARMA & ORS. Petitioner(s) VERSUS SANTOSH SHARMA Respondent(s) ([Mediation Report has been received] IA No. 66245/2023 - STAY APPLICATION) Date : 06-10-2023 The matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Ms. Gultash Guron, Adv. Mr. Roopansh Purohit, AOR For Respondent(s) Mr. Avijit Roy, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioners submits that the petitioner/wife had an expectation that things may work out but reconciliation has not been possible. She is now willing to accept that mutual consent divorce is the only way forward and thus the matter may again be sent to the mediation for limited purpose of working out the terms of divorce and the visiting custody/visiting rights of the child. TP (C) Nos .1802-1809/2023
2 The parties will appear before the Ld. Mediator on 16.10.2023 at 2.00 p.m.. The parties may initially connect virtually. List after the report of ld. Mediator is received. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) TP (C) Nos .1802-1809/2023
1 TP(Criminal) No.216/2023 ITEM NO.1 COURT NO.2 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Criminal) No(s). 216/2023 SAROJ SHARMA & ORS. Petitioner(s) VERSUS SANTOSH SHARMA Respondent(s) IA No. 66245/2023 - STAY APPLICATION Date : 18-07-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Roopansh Purohit, AOR For Respondent(s) Mr. Avijit Roy, AOR UPON hearing the counsel the Court made the following O R D E R We have put to learned counsel for the parties whether they want some more energy to be utilized in litigation with a bouquet of cases or they are willing to take a reasonable stand and if they can’t live together, part on acceptable terms. Learned counsel for parties agree that the matter may be referred to the Supreme Court Mediation Centre. Ordered accordingly. On the initial date, the parties may join virtually. The parties will join before the Mediation Centre on 31.07.2023 at 2 p.m.
2 TP(Criminal) No.216/2023 Learned Mediator will endeavour to conclude the mediation proceedings within a period of two months of the said date. List immediately after the mediation report is received. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.1614 IN COURT NO.2 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Criminal) No(s). 216/2023 SAROJ SHARMA & ORS. Petitioner(s) VERSUS SANTOSH SHARMA Respondent(s) (FOR ADMISSION and IA No.66245/2023-STAY APPLICATION ) Date : 13-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Roopansh Purohit, AOR Ms. Gultash Guron, Adv. Mr. Ankit Choubey, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. 2. In the meantime, further proceedings in case No.DV/46/2022 titled as “Santosh Sharma v. Saroj Sharma & Ors.” pending before the Court of Judicial Magistrate First Class District- Dibrugarh, Assam shall remain stayed. (RASHMI DHYANI PANT) (NAND KISHOR) COURT MASTER COURT MASTER