1 2026:CGHC:13236 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 2 of 2026 Smt. Ekta Kesharwani W/o Sunil Kesharwani Aged About 40 Years R/o Vasundara Nagar In Front Of Pallav Bhawan, Ring Road No. 02, Tehsil And District Bilaspur C.G., Current Address- C/o Surendra Gupta, Near Purana Bus Stand, Gupta Gali, Dist.- Korba C.G. ... Petitioner versus 1 - Sunil Kumar Kesharwani S/o Prafull Kesharwani Aged About 42 Years R/o Vasundhara Nagar Ring Road No. 02, Pallav Bhavan Ke Samne, P.S. Civil Lines And District Bilaspur C.G. 2 - State Of Chhattisgarh Through S. H.O., P.S. Civil Lines, District Bilaspur C.G. ---- Respondent For Petitioner : Ms. Juhi Jaiswal, Advocate. For respondent No.1 : Mr. Hemant Kesharwani, Advocate. For respondent No.2/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2026 1. Heard Ms. Juhi Jaiswal, learned counsel for the petitioner. Also heard Mr. Hemant Kesharwani, learned counsel for respondent No.1, and Mr. Nitansh Jaiswal, learned Deputy Government Advocate, appearing for the respondent No.2/State. 2. The present transfer petition has been filed by the petitioner with the following prayers: “ It is therefore most humbly prayed that Hon’ble Court RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 may kindly be pleased to allow the instant application and the case bearing Criminal Case No. 9757 of 2024 pending before the court of Judicial Magistrate First Class, Bilaspur Chhattisgarh, be transferred from District Bilaspur to District Korba, so that the petitioner may get fair and impartial inquiry of trial without any fear in mind, which will be convenient for both the parties looking tot he circumstances of the case and pass any other further orders as deems fit and proper in the facts and circumstances of the case, n the interest of justice.” 3. The prosecution story in brief is that the marriage between the petitioner and respondent No.1 was solemnized on 17.05.2011 as per the Hindu rites and customs and from the wedlock twin children, one boy and one girl were born on 20.08.2016. As per the FIR and charge-sheet, the petitioner has specifically stated that from the initial days of her marriage, the respondent No.1 has physically, mentally and verbally harassed and abused the petitioner. It is due to suspicious nature of the respondent No.1, the petitioner has suffered throughout her matrimonial life. The respondent No.1 is not only abusive but also has the tendency of losing his temperament causing physical and mental abuse to the petitioner on smallest of the issues. On 10.06.2024 the respondent No.1 has assaulted their daughter and on opposing the same he has assaulted the petitioner as well. The said fact was stated by the petitioner in her statement before the Police authorities and same is mentioned in the Charge-sheet also. 4. On 12.06.2024 when the complainant requested to go her maternal house to see her mother who was suffering from cancer, the respondent No.1 opposed the said request and started physically, mentally and verbally abuse the complainant/petitioner. Being distressed with the said situation the complainant was compelled to drink harpic as she was driven by the present petitioner to take her life. The respondent No.1 had deliberately concealed 3 the information about the said incident to family of the complainant/petitioner for two days and got the complainant discharged from the hospital. But after taking her back home, he again started harassing the complainant/petitioner due to which the condition of the complainant got serious and she was again taken back to the hospital. It is thereafter, the respondent No.1 had informed the parents of the complainant and left her alone at the hospital. After the said incident the petitioner had to undergo several treatment including surgery which was solely taken care by her parents. The respondent No.1 had left the complainant alone at the hospital and taken the children with him and since then he has refused to even let the complainant/petitioner talk with her children. Thereafter on 01.10.2024, she had to file application seeking custody of her children under Sections 6 and 7 of the Guardian and Wards Act, 1890 before the Learned Family Court, Bilaspur (CG). 5. The respondent No.1 had challenged the proceedings under Section 498A of IPC before this Court challenging the FIR, Charge-sheet and framing of charges of Criminal Case No. 9757 of 2024 pending before the Court of Judicial Magistrate First Class (JMFC), Bilaspur (C.G.) in CRMP No. 3460 of 2024 whereby, the matter was referred to mediation but the same was failed and the CRMP was dismissed by this Court vide order dated 22/03/2025. The application for custody of the both children is also pending at District Bilaspur as the children are in the custody of the respondent No.1 father and even after the order passed by the Family Court, the father/respondent No.1 comes up with excuses so that the petitioner has to face the hardship of travelling to Bilaspur and not even allowed to meet her children. 6. The petitioner is a house wife and due to the aforesaid incidence, she has to reside at her paternal house at District Korba (C.G) for her safety and 4 mental being and therefore, it would not be possible for her to travel to Bilaspur to attend the case hearings on a day-to-day basis. The case is simply being adorned without any effective hearing. The petitioner is unable to make arrangements of her travel and it has become very difficult for her to pursue her case. The petitioner has also filed a case of Domestic Violence under Section 12 of Protection of Woman from Domestic Violence Act, 2025, against the respondent No.1 and his parents which is pending before learned JMFC, Korba (C.G) whereby he has to appear before the learned Court therefore it will not cause any inconvenience to him if the aforesaid case is also transferred to District Korba (C.G). Hence, this petition. 7. Learned counsel for the petitioner submits that the petitioner being a woman and victim of Domestic Violence, faces severe hardships in travelling along for the pending cases and given the facts of the case whereby she was mentally and physically abused by the respondent, she apprehends serious risk to her safety and mental well-being. The transfer of the case to District Korba (C.G.) shall ensure her safety and facilitate her effective participation in the trial. It is also contended that the petitioner being a lady and is residing at her paternal house at District Korba (C.G.) and it is not possible for her to appear before the learned JMFC, Bilaspur (C.G.) and attend the case hearings on a day-to-day basis, and hence, it will be just and proper to transfer the case in question from the Court of learned JMFC, District – Bilaspur (C.G.) to the Court of District Korba, Chhattisgarh. 8. On the other hand, learned counsel for the respondent No.1 opposed the submissions raised by the petitioner and submitted that the proceedings under Section 12 of the Domestic Violence Act is pending before the JMFC Korba, the respondent filed application for setting aside the proceedings 5 before the JMFC, Korba but due to non-cooperation of petitioner the said application is still pending before the concerned Court. It is also contended that the status of the petitioner is only as a witness, and only one appearance is sufficient in the proceedings under Section 498-A of IPC, there is no need to travel Bilapur to attend the proceedings day to day basis, and the case is pending since long back for recording the evidence of the petitioner. Thus, there is no need to transfer the case in question from JMFC, Bilaspur (C.G.) to the Court of JMFC, District – Korba (C.G.). 9. Learned State counsel also opposed the prayer made by the petitioner to transfer the case in question from the Court of JMFC, District – Bilaspur (C.G.) to the Court of JMFC, District – Korba (C.G.). 10. I have heard learned counsel for the parties and perused the pleadings and prayers made in the transfer petition. 11. It transpires from the records that on 11.02.2026, on the request made by the parties as there were some chances of amicable settlement, the parties were directed to appear before the Mediation Centre of this Court on 12.03.2026 to settle their dispute, and in compliance of the said order, both the parties appeared at the Mediation Centre, and as per the Mediation Report dated 12.03.2026, the dispute between them could not be settled, and resultantly, the Mediation was failed. Before also, in the petition filed by the respondent under Section 528 of BNSS, registered as CRMP No.3460/2024, for quashing of the FIR bearing No. 581/2024 registered at Police Station Civil Line, Bilaspur and consequential charge-sheet dated 26.09.2024 for the offence under Section 498-A of IPC, in the said proceedings also, this Court referred the matter to the Mediation Centre of this Court bearing matrimonial 6 in nature, but since the efforts could not be materialized and mediation between the parties fails, the said petition was heard finally and the same was accordingly dismissed. 12. Considering the facts and circumstances of the case, I do not find any good ground for interference in the present transfer petition, as the ground raised by the learned counsel for the petitioner in the present transfer petition appears to be vague and ambiguous. Accordingly, the present transfer petition is dismissed. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar