Allahabad High Court
Smt. Sunita And 3 Others vs State Of U.P. And Another on 29 June, 2021
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- APPLICATION U/S 482 No. - 7898 of 2021
Applicant :- Smt. Sunita And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sushil Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicants and A.G.A. for the State.
This application under Section 482 has been filed challenging the cognizance / summoning order dated 22.9.2020 and also quash the further proceedings of Case No. 4630/9 of 2020, under Section 498-A IPC and section 3/4 Dowry Prohibition Act, 1961, P.S. Budhana, District Muzaffar Nagar arising out of Case Crime No. 193 of 2020, pending before the Chief Judicial Magistrate, Muzaffar Nagar as well as to quash the charge sheet No. 231 of 2020 dated 19.7.2020 in the aforesaid case.
It has been stated by counsel for the applicants that the dispute between the parties is a matrimonial dispute and in case, the matter is referred for mediation, the parties may amicably settle their dispute.
The Apex Court in paragraph no. 19 of the case of Rajesh Sharma & Ors. vs State of U.P. & Anr. reported in 2017 (AIR) SC 3869 has issued certain directions regarding disputes covered under Section 498-A IPC. Paragraph 19 of the judgment is reproduced below:
"19. Thus, after careful consideration of the whole issue, we consider it fit to give following directions :-
(i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.
(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing.
(c) The Committee members will not be called as witnesses.
(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.
(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.
(f) The committee may give its brief report about the factual aspects and its opinion in the matter.
(g) Till report of the committee is received, no arrest should normally be effected.
(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.
(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.
(j) The Members of the committee may be given such honorarium as may be considered viable.
(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.
(ii) Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today;
(iii) In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;
(iv) If a bail application is filed with at least one clear day?s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/ custody and interest of justice must be carefully weighed;
(v) In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;
(vi) It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted; and
(vii) Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.
(viii) These directions will not apply to the offences involving tangible physical injuries or death."
In view of the aforesaid, no useful purpose would be served by keeping the proceedings of the aforesaid case pending before this Court. The court below, i.e., the Chief Judicial Magistrate, Muzaffar Nagar is directed to refer the parties to the Committee constituted for mediation in District Muzaffar Nagar within a period of one month from the date of receipt of copy of the order. The Mediation Centre shall submit its report within one month from the date of receipt of the case from the concerned Magistrate. Further proceedings in Case Crime No. 193 of 2020, Case No. 4630/9 of 2020 before the Chief Judicial Magistrate will depend on the report received by the Mediation Centre of the District and in case the mediation fails, the Chief Judicial Magistrate shall proceed with the case in accordance with law.
Till the report of the Mediation Centre as aforesaid, no coercive action shall be taken against the applicants in Case No. 4630/9 of 2020, under Section 498-A IPC and section 3/4 Dowry Prohibition Act, 1961, P.S. Budhana, District Muzaffar Nagar arising out of Case Crime No. 193 of 2020, pending before the Chief Judicial Magistrate, Muzaffar Nagar.
With the aforesaid observations, the application is disposed of.
Order Date :- 29.6.2021
Satyam
