Transfer application sought to move a matrimonial case from Ghaziabad to Allahabad. The applicant withdrew the transfer application during proceedings. The High Court dismissed the application as withdrawn.
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Neutral Citation No. - 2023:AHC:99182
Court No. - 92
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 245 of 2022
Applicant :- Jaivinder And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kavita Tomar,Jai Raj Singh Tomar Counsel for Opposite Party :- G.A.,Satya Prakash Singh
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for applicants and learned A.G.A. for the State. Perused the record.
The present transfer application has been filed with a prayer to allow this application and transfer Case No. 17202 of 2021 under Section 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Vijay Nagar, District Ghaziabad, pending before the court of A.C.J.M. Court No. 2, District Ghaziabad.
At the outset, learned counsel for the applicants submits that opposite party no. 2 has not discharged his matrimonial obligation till date and wants to linger this case. He submits that applicant could not doing proper pairvi in her case, due to fear of opposite party no. 2 as he has good political approach in local administration upon which they made pressure upon the applicants to withdraw her case filed against them.
Although learned A.G.A. refuted the above argument that the allegation made against opposite parties are based merely on apprehension. Moreover, learned counsel for the applicants have stated in the Court that applicant has withdrawn her case in the trial court, therefore, applicant do not want to press this transfer application. Learned A.G.A. has no objection to it.
In view of the above, this transfer application is dismissed as withdrawn.
Order Date :- 8.5.2023
Satish
Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad
Jaivinder And 4 Others
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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