HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 534 of 2023 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant, learned counsel for opposite party and the learned AGA for State. 2. As per office report, notice have been served on opposite party no.3 to 6, however, none has appeared on behalf of opposite party no.3 to 6 to oppose the appeal. 3. Learned counsel for the appellant has prayed to transfer the Criminal Case No.2883 of 2020 ( State Vs. Amit Kumar @ Sonu and others) arising out of Case Crime No.211 of 2019, under Sections 498A, 323 IPC and 3/4 D.P. Act, at Police Station Partapur District Meerut presenting pending in the Court of learned Judicial Magistrate-II, Meerut to any other Court of competent jurisdiction at District Gautambudh Nagar. 4. It was argued by learned counsel for applicant that applicant is wife of respondent no.2. An FIR against him was lodged by appellant. Father of applicant is informant of the said case and is aged about 66 years old who is suffering from old disease and at present is residing at Noida. Due to his old age, he is unable to do pairvi of the said case which is pending in District Meerut and hence the said case may be transferred from District Meerut to District Gautambudh Nagar. 5. It is submitted that an application under Section 482 Cr.P.C. No.145 of 2021 was filed by the opposite party no. 2 and other accused persons before the High Court. The proceedings in the matter were stayed against the accused persons except opposite party no. 2 vide order dated 3.09.2021. Versus Counsel for Applicant(s) : Ishwar Chandra Tyagi, Prem Nath Tyagi Counsel for Opposite Party(s) : Dipendra Kumar, G.A., Pradeep Kumar Rai Smt. Ruby @ Sushma .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) 6. Heard learned counsel for the parties and perused the order sheet of the case annexed by the appellant. 7. It is apparent from the order sheet annexed by applicant that proceedings of the case were stayed by this Court. It was confirmed by office that stay order in the proceedings is continuing against other accused. It is settled that where an act or omission is committed in a same transaction, it constitutes a single offence and if there are several offenders who are alleged to have committed that act or omission, they have to be tried jointly. Apart from it, it is also a settled law that in cases of matrimonial disputes, convenience of wife is a dominant factor than that of a husband. 8. Hence, the transfer application is allowed and the Criminal Case No.2883 of 2020 ( State Vs. Amit Kumar @ Sonu and others) arising out of Case Crime No.211 of 2019, under Section 498A, 323 IPC and 3/4 D.P. Act, at Police Station Partapur, District Meerut is pending in the court of learned Judicial Magistrate -II, Meerut is transferred from the Court of learned Judicial Magistrate -II, Meerut. The said case be transferred from District Meerut to District Gautam Buddha Nagar and be placed before Chief Judicial Magistrate, Gautam Buddh Nagar , who in turn will either decide the case himself or will transfer it to any other Court of competent jurisdiction. (Anil Kumar-X,J.) October 7, 2025 Mukesh TACR No. 534 of 2023 2 Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad