Neutral Citation No. - 2025:AHC:71629 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 103 of 2025 Applicant :- Archana Devi Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Kuldeep Maurya,Munne Lal with Case :- TRANSFER APPLICATION (CRIMINAL) No. - 109 of 2025 Applicant :- Archana Devi Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Kuldeep Maurya,Munne Lal Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. The applicant- wife has filed the above applications separately under Section 447 of B.N.S.S., 2023, seeking transfer of Case No.38192 of 2022, titled State Vs. Janmejay Mishra and others, arising out of case crime no.191 of 2019, under Sections 498A, 323, 504, 506 I.P.C. & U/s 3/4 D.P. Act, Police Station- Jahanabad, District Fatehpur, pending in the court of Civil Judge (J.D.)/FTC/C.A.W., Fatehpur as well as Criminal Case No.147 of 2023, titled Archana Vs. Janmejay Mishra and others, pending in the court of Civil Judge (J.D.)/FTC court/Crime against Women District Fatehpur to other competent courts of jurisdiction at Kanpur Nagar. Since both the proceedings arise out of the matrimonial dispute and between same parties, therefore, both the applications are disposed of by a common order. Learned counsel for the applicant has argued that as a result of matrimonial dispute between applicant- wife and her husband- opposite party no.2, the litigation between them commenced and a divorce petition filed by the husband is pending adjudication before Principal Judge, Family Court, Kanpur Nagar. He has also argued that a criminal case under Section 498A etc. bearing case crime no.191 of 2019 got registered against the opposite parties, is also pending trial, but as both the parties are residing at Kanpur Nagar, therefore, it would be in the interest of justice, if the pending trial is transferred to Kanpur Nagar. At this stage, Ms. Pooja Chand Dwivedi, files power of attorney on behalf of the respondents, and does not dispute the pendency of the cases at Fatehpur and Kanpur Nagar, who further submits that the parents of opposite party no.2- husband are residing at Jahanabad, which is situated at a distance of 40 Kms. from either side i.e. Fatehpur and Kanpur Nagar, and they are more than eighty years old. Learned counsel for the opposite parties fairly states that indeed, it would be convenient for both the parties to pursue their respective litigation at a common place where they are residing i.e. Kanpur Nagar. Thus, in the above background, this Court finds it appropriate to transfer the subject Case No.38192 of 2022, titled State Vs. Janmejay Mishra and others, arising out of case crime no.191 of 2019, under Sections 498A, 323, 504, 506 I.P.C. & U/s 3/4 D.P. Act, Police Station- Jahanabad, District Fatehpur, pending in the court of Civil Judge (J.D.)/FTC/C.A.W., Fatehpur as well as Criminal Case No.147 of 2023, titled Archana Devi Vs. Janmejay Mishra and others, pending in the court of Civil Judge (J.D.)/FTC court/Crime against Women District Fatehpur to district- Kanpur Nagar. Consequently, the both the applications are allowed and it is ordered that the records of the Case No.38192 of 2022 and Criminal Case No.147 of 2023 be sent before the District Judge, Kanpur Nagar for its entrustment to the courts of competent jurisdiction for adjudication. Order Date :- 5.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad