* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 28, 2019
+ CRL.M.C. 2333/2019 Crl.M.A. 9291/2019
SMT. RITIKA JUNEJA ….. Petitioner
Through: Mr. M.K. Gahlaut, Advocate
Versus
STATE ORS. ….. Respondents
Through: Dr. M.P.Singh, Additional Public
Prosecutor for respondent No.1-
State
Mr. Harish K. Gupta Mr. H.D.
Dhanvi, Advocates for respondents
No.2 to 4
CORAM:
HON’BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Trial court vide impugned order of 3rd April, 2019 hs declined
petitioner’s prayer for transfer of trial in FIR No. 985/2015, under
Sections 498A/Section406/Section506/Section377/Section307/Section34 IPC, registered at police station
Shalimar Bagh, Delhi to some other court by observing that efforts of the
trial court to settle the matter amicably cannot be a ground to transfer the
trial of this case to another court, as the genesis of this FIR case in a
matrimonial discord. It is also observed in the impugned order that
giving of short dates cannot be a ground to transfer trial of this case to
Crl.M.C. 2333/2019 Page 1 of 3
another court, because Supreme Court has issued time bound direction to
conclude trial of this case within a year.
Petitioner’s counsel submits trial court had been compelling
petitioner to compromise without taking her stridhan and has infact called
upon petitioner to give up all her claims against the accused and so,
petitioner has lost faith in trial court.
On the contrary, learned counsel for respondents No.2 3
supports the impugned order and submits that on frivolous grounds,
transfer of trial of this case is sought and so, this petition deserves
dismissal.
Upon hearing and on perusal of impugned order, copy of transfer
petition and Supreme Court’s order of 11th February, 2019 passed in the
case of parties, I find that the direction of Supreme Court is to expedite
trial of this case and to preferably conclude it within one year. Trial of
this case is being conducted on short dates and this cannot be a ground to
transfer the case to another court. However, the golden thread which runs
through all the decisions is that justice must not only be done but must
also be seen to be done. The instant case does arise from a matrimonial
discord and charge for attempt to murder and of committing unnatural sex
has been also framed against the accused and so, in such a case, efforts
for amicable settlement ought not be undertaken without consent of
complainant/ aggrieved party.
Since trial court had made efforts for reconciliation during the trial
of this case and has expressed views, therefore, it would be appropriate if
Crl.M.C. 2333/2019 Page 2 of 3
the trial of this case is transferred to some other court. In view of the
above, impugned order is set aside with direction that trial of this case be
entrusted to some other court of competent jurisdiction forthwith.
This petition and application are accordingly disposed of while not
commenting on the merits of the case.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 28, 2019
r
Crl.M.C. 2333/2019 Page 3 of 3
