Darshana Bhutani vs The State Of Uttar Pradesh on 31 January, 2024

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Supreme Court - Daily Orders

Darshana Bhutani vs The State Of Uttar Pradesh on 31 January, 2024

Bench: Abhay S. Oka

                                                         1


                                        IN THE SUPREME COURT OF INDIA
                                       CRIMINAL ORIGINAL JURISDICTION

                              TRANSFER PETITION (CRIMINAL) NO(S). 164 OF 2023


     DARSHANA BHUTANI & ORS.                                                …...PETITIONER(S)


                                                       VERSUS

     THE STATE OF UTTAR PRADESH & ANR.                                      …...RESPONDENT(S)

                                                       ORDER

1. The present petition has been filed by the petitioner-wife seeking transfer of Case No. 96592 of 2022 titled “State of U.P. vs. Nishant Bhutani & Ors.”, pending before the Court of Judicial Magistrate-II, Lucknow, U.P. to the Court of the Chief Metropolitan Magistrate, Dwarka, South West District, Delhi.

2. This Court, vide order dated 28.11.2023, referred the parties to the Supreme Court Mediation Centre for amicable settlement of their disputes. As per the office report, Mediation report dated 10.01.2024 has been received from the Supreme Court Mediation Centre stating therein that the parties could not arrive at an amicable settlement. Hence, the mediation has failed.

3. Two proceedings arising out of the matrimonial dispute are already pending in the Courts at Dwarka in Delhi.

4. Learned counsel appearing for the petitioner, on instructions, states that if this transfer petition is allowed, he will withdraw Signature Not Verified the petition filed by the petitioners at Lucknow Bench of the Digitally signed by Neetu Khajuria Date: 2024.02.01 14:01:36 IST Reason: Allahabad High Court for quashing the case, subject-matter of the transfer petition and will approach the jurisdictional High Court 2 for the same relief.

4. As two cases are already pending in the Court at Dwarka, we allow this Transfer Petition.

5. Accordingly, the case No. 96592 of 2022 titled “State of U.P. vs. Nishant Bhutani & Ors.”, pending before the Court of Judicial Magistrate-II, Lucknow, U.P. is hereby transferred to the Court of Chief Metropolitan Magistrate, Dwarka, South West District, Delhi.

6. Records shall be expeditiously sent by Court where proceedings are pending to the transferee Court.

7. Pending application(s), if any, shall stand disposed of.

…………………………...J. [ABHAY S. OKA] …………………………...J. [UJJAL BHUYAN] NEW DELHI;

JANUARY 31, 2024.

ITEM NO.2                 COURT NO.7                  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). 164/2023 DARSHANA BHUTANI & ORS. Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (Mediation Report IA No. 51768/2023 - STAY APPLICATION) Date : 31-01-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Dhananjai Jain, AOR For Respondent(s) Mr. Shaurya Sahay , AOR Ms. Ruchi Munjal, Adv.

Mr. Mahendra Kumar, Adv.

Mr. Amolak, Adv.

Mrs. Suman Sharma, Adv.

Ms. Swati Jain, Adv.

Mr. Jitender Kumar, Adv.

Mr. Deepak Goel, AOR Ms. Alka Goyal, Adv.

Ms. Archana Preeti Gupta, Adv.

UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.

  (POOJA SHARMA)                                  (AVGV RAMU)
COURT MASTER (SH)                              COURT MASTER (NSH)

(Signed order is placed on the file)

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