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Vikrant Vikal Tripathi v. The State of Uttar Pradesh

Criminal Appeal · 2021 INSC 563Decided 28 Sept 2021
Criminal Appeal arising out of SLP (Criminal) No. 3789 of 2018
Justice Ajay Rastogi · Justice Abhay S. Oka

Background

The appellant-husband challenged an Allahabad High Court (Lucknow Bench) order that had rejected his application to transfer an FIR registered against him under Sections 498-A, 323, 504, 506 IPC and the Dowry Prohibition Act (filed by his estranged wife in Lucknow) to Fatehpur, where a related, earlier-filed FIR from his side against the wife's family was pending. The Supreme Court had earlier stayed proceedings in the Lucknow FIR while the matter was pending.

Decision Breakdown

After hearing the parties, the Court found it appropriate to transfer the Lucknow FIR to the Civil Judge (Junior Division), Fatehpur, to be tagged and tried together with the connected Fatehpur FIR. It directed that both sets of proceedings be taken up jointly by the trial judge, and fixed a date for the appellant to record his presence before the trial court. The appeal was disposed of in these terms.

Lesson Learnt

Where two related criminal cases arising from the same matrimonial dispute are pending in different jurisdictions, the Supreme Court can direct that they be transferred and tried together by a single court, to avoid inconsistent findings and allow for a more complete and efficient adjudication of the dispute.

Official source (sci.gov.in)View Judgment (PDF)

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