Pallavi Amit Chouthmal v. Amit Anil Chouthmal And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 32 CRIMINAL APPLICATION NO. 3973 OF 2025 PALLAVI AMIT CHOUTHMAL

VERSUS

AMIT ANIL CHOUTHMAL AND OTHERS ...

Advocate for Applicant : Mr. Adil A. Shaikh h/f Mr. Gore Ravindra Vitthal APP for Respondent No. 8/State : Mr.S.S.Dande Advocate for Respondent Nos. 1 to 7 : Mr. Parghane Madhukar M. ...

CORAM : Y.G. KHOBRAGADE, J.

DATE : 09.02.2026 PER COURT :

1.

Heard the learned counsel Mr. Adil Shaikh h/f Mr. Gore, appearing for the applicant, learned APP Mr. Dande, appearing for respondent No. 8-State and the learned counsel Mr. Parghane, appearing for respondent Nos. 1 to 7, respectively.

2.

By the present application, filed under Section 407 of the Code of Criminal Procedure, 1973, the applicant wife is seeking transfer of RCC No. 277 of 2024, pending on the file of learned Judicial Magistrate First Class, Bhusawal, to the file of learned Chief Judicial Magistrate, Aurangabad, for trial and disposal. 3.

The learned counsel appearing for the applicant canvassed that on 27.12.2023, the marriage between the applicant and the non applicant No. 1 was solemnized, as per customs and rites prevailing in

their society. Thereafter, the applicant co-habited with the non applicant No. 1 at her matrimonial house in the joint family. However, initially she was treated nicely and thereafter she was subjected to cruelty and mental and physical harassment. So, also her husband non applicant has filed Misc. Civil Application bearing No. 361 of 2024 dated 11.09.2025. The applicant-wife has also filed a proceeding bearing No. E-74 of 2024, under Section 125 of the Code of Criminal Procedure, 1973 and prayed for maintenance against the non applicant and the same matter is disposed of on 13.03.2023. When she was pulled out from her matrimonial house and she visited at her parental house, thereafter, on 25.05.2024 she lodged the First Information Report bearing No. 841 of 2024, with CIDCO Police Station, Sambhaginagar.

However, at the request of the present applicant/informant the investigation of the said crime was transferred to the Superintendent of Police, Jalgaon. After the investigation is completed, the investigating officer has filed the charge-sheet against the present non applicant for the offence punishable under Section 498-A, 504, 506 r/w 34 of the Indian Penal Code. After filing of the charge-sheet the said case is registered as RCC No. 277 of 2024.

4.

The learned counsel appearing for the applicant canvassed that the applicant wife is residing at her parental house at Chhatrapati Sambhajinagar and it is not convenient to her to attend the proceeding before the learned Judicial Magistrate First Class at Bhusawal. So also

the other matrimonial proceedings are pending against the non applicant at Bhusawal and those proceedings are being attended by him. Therefore, considering the convenience of the applicant-wife she prays for transfer of RCC No. 277 of 2024, from the file of learned Judicial Magistrate First Class, Bhusawal, to the file of learned Chief Judicial Magistrate, Chhatrapati Sambhajinagar, for trial and disposal according to the law.

5.

In support of his submission, the learned counsel appearing for the applicant relied on the following case laws : (a) Rupalidevi v. State of Uttar Pradesh and Others - (2019) 5 SCC 384, (b) Ruhi v. Anees Ahmad and Others - (2022) 15 SCC 787, (c) Abdul Nazar Madani etc. vs. State of Tamil Nadu and Anr. - 2000 AIR (SC) 2293, (d) P.C. Gulati Vs. Jajjamram AIR 1966, SC 595.

6.

Per Contra, the learned counsel appearing for the non applicant strongly opposed the application. He contended that earlier the present applicant had lodged a report about the cruelty at the hands of the non applicant Nos. 1 to 7 for non fulfillment of demand of dowry. On the basis of said FIR a Crime No. 84 of 2024 was registered with Cidco Police Station, against the present non applicant/accused for the offence punishable under section 498-A, 504, 506, r/w 34 of the Indian Penal Code. However, on request of the present applicant/informant the

investigation of the said crime was transferred to the Superintendent of Police, Jalgaon, as the non applicants are residing at Jalgaon. So also the non applicant/accused allegedly committed offence within the jurisdiction of Judicial Magistrate First Class, Bhusawal and after the investigation is over, the charge-sheet is also filed against the present non applicants before the Judicial Magistrate First Class, Bhusawal. Therefore, the Chief Judicial Magistrate, Chhatrapati Sambhajinagar is having no jurisdiction to try and decide the said trial, hence prayed for rejection of the application.

7.

Needless to say that the marriage of the applicant and non applicant No. 1 was solemnized on 27.12.2023, as per the customs and rites prevailing in their society. After the marriage the applicant cohabited with the non applicant No. 1, in the joint family with the non applicant Nos. 2 to 7.

8.

It is not in dispute that on 01.03.2024 the applicant lodged FIR with CIDCO Police Station alleging about subjecting her to physical and mental cruelty. On the basis of said report the Crime No. 113 of 2024 registered against the present non applicant for the offence punishable under Section 498-A, 504, 506, r/w 34 of the Indian Penal Code. It is also evident that the present applicant filed matrimonial proceeding PWDVA No. 01 of 2024 before the Chief Judicial Magistrate, Aurangabad. So also on 11.09.2025 this Court passed an order in Misc.

Civil Application No. 361 of 2024 and transferred the Hindu Marriage Petition No. 24 of 2024 from the file of learned Civil Judge Senior Division, Bhusawal to the file of learned Family Court, Aurangabad. 9.

In case of Ruhi (supra), the Hon'ble Supreme Court considered the case of Rupali Devi (supra) and held that "the applicant/wife found residing at Delhi after leaving matrimonial home and take there shelter after driven away from her matrimonial home on account of act of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498-A of the Penal Code. Ultimately, the Hon'ble Supreme Court directed for transfer of the charge-sheet in the said FIR 645 of 2014, PS Lisadi Gate, Meerut, U.P. stands transferred to Karkardooma Courts, Delhi."

10.

In the case in hand, the applicant is seeking transfer of trial of RCC No. 277 of 2024 pending on the file of learned Judicial Magistrate First Class, Bhusawal to the Court of Chief Judicial Magistrate, Sambhaji Nagar on the ground that initially she had lodged report with CIDCO Police Station for the offence punishable under Section 498-A, 504, 506 r/w 34 of the Indian Penal Code, however, the investigation of the said crime was transferred to the Superintendent of Police, Jalgaon and after the investigation is completed the charge-sheet has been filed before the Judicial Magistrate First Class, Bhusawal. However, she is residing at her parental house at Chhatrapati Sambhajinagar. Therefore, considering the convenience of the applicant wife as well as

non applicants, who are the husband and in-laws of the applicant, it would be just and proper to withdraw RCC No. 277 of 2022, from the file of learned Judicial Magistrate First Class, Bhusawal and transferred to the file of learned Chief Judicial Magistrate, Chhtrapati Sambhajinagar. Accordingly, the application is allowed.

11.

The RCC No. 277 of 2024 is hereby withdrawn from the file of learned Judicial Magistrate First Class, Bhusawal and it is transferred to the file of learned Chief Judicial Magistrate, Chhaatrapati Sambhajinagar for trial and decision according to the law. 12.

Accordingly the application is disposed of.

13.

This order be communicated to the both the Courts below. ( Y.G. KHOBRAGADE, J.) mahajansb/