Neutral Citation No. - 2025:AHC:78302 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 726 of 2024 Applicant :- Vipul Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devansh Misra,Shubhendu Mishra Counsel for Opposite Party :- G.A.,Sandeep Tripathi Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S. seeking transfer of Complaint Case No. 1423 of 2023, titled Smt. Twinkle Vs. Vipul, under Section 125 Cr.P.C., Police Station Kotwali Nagar, District Muzaffar Nagar, pending before the Family Judge, Court No.1, Muzaffar Nagar to the court of competent jurisdiction at Ghaziabad. Learned counsel for applicant has argued that brother of opposite party no.2 namely, Harsh Kumar is a practicing advocate at Muzaffar Nagar, who is harassing the applicant, therefore, it is difficult for him to contest the maintenance case filed by his wife under Section 125 Cr.P.C. Learned counsel further submits that the brother of opposite party no.2 is a criminal minded person, who is involved in two cases and the details of the said cases are contained in paragraph no.26 of the affidavit filed in support of the application. Learned counsel prays that the maintenance case be transferred from Muzaffar Nagar to Ghaziabad. During the course of hearing, it is not disputed by learned counsel that it is specifically pleaded by the applicant in paragraph no.25 that pursuant to the order dated 28.3.2024 passed by this Court, the parties are involved in mediation proceedings to explore the possibility of settlement of their matrimonial dispute. Thus, it is clear that on one hand, the applicant is exploring the possibility of settlement and on the other hand, he is seeking transfer of only one case, whereas other criminal case i.e. Case Crime No. 191 of 2023, under Section 498-A, 307, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act is also pending at Muzaffar Nagar, but no such prayer for transfer of the criminal trial has been made. That apart, merely because the brother of opposite party no.2 is a practicing advocate that alone would not be a sufficient ground for transfer of the case. The application is dismissed. Order Date :- 13.5.2025/P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad