CRIMINAL) No. 431 of 2025 · Allahabad High Court

Srivastava With TRANSFER APPLICATION (CRIMINAL) No. - 432 of 2025 Harsh Wardhan Agarwal Priya Agarwal Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) : Alpana Chittranshi, Sunil Kumar Counsel for Opposite Party(s) : Srivastava Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant has filed these separate applications under Section 447 B.N.S.S. seeking transfer of Case No. 238 of 2023, under Section 125 Cr.P.C., pending before the Principal Judge, Famiyl Court, Sonbhadra and the Case No.594 of 2025, under Section 12 Protection of Women from Domestic Violence Act, 2005, pending before the Civil Judge (J.D), Sonbhadra to the court of competent jurisdiction at Varanasi, Prayagraj or any other district. Learned counsel submits that as a result of matrimonial dispute with opposite party-wife, the parties were relegated before the Mediation and Conciliation Centre at Sonbhadra and when the applicant was returning home, the brothers of his wife raised an unreasonable demand of Rs.30 lacs for settlement, who also threatened to kill him, if, the demand is not accepted. According to learned counsel, the other cases are also pending at Sonbhadra and a separate application is being filed for transfer of the said cases also. 2 TACR No. 431 of 2025 Concededly, the prosecution of the applicant-husband in a trial relating to the offence under Section 498-A I.P.C. etc. has been stayed by this Court and the ground of alleged threat for transfer of the maintenance case under Section 125 Cr.P.C. and the case under Section 12 Protection of Women from Domestic Violence Act, 2005 is being misconstrued by the applicant, as at best it can be held as a demand on behalf of the wife. The allegation that in the event of non acceptance of the offer by the applicant-husband, the brothers of his wife may kill him does not appeal to prudence, as no material in this regard has been produced before the Court. Consequently, no case is made out for transfer of the subject cases. The applications fail and are hereby dismissed. September 8, 2025 P.S.Parihar (Manoj Bajaj,J.)