Allahabad High Court
Jalaluddin And 2 Others vs State Of U.P. And Another on 15 October, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:163770 Court No. - 73 Case :- APPLICATION U/S 482 No. - 32922 of 2024 Applicant :- Jalaluddin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Habaldar Singh Katheria,Ramesh Chandra Pal Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit, filed today, is taken on record.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash criminal proceedings of Criminal Case No. 198 of 2024, State of U.P. v. Ibran @ Imran Ali and others, arising out of Case Crime No. 238 of 2023, under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, 1961, P.S. Kampil, District Farrukhabad, pending before the Court of Judicial Magistrate, Kaimganj, Farrukhabad, charge sheet dated 18.01.2024 and cognizance as well as summoning order dated 15.04.2024.
Learned counsel for the applicants submits that husband of opposite party no. 2 has already been released on bail and the matter has been referred to Mediation Centre at District Court, as is evident from Page-67 of the affidavit.
The applicant no. 1 is father-in-law of opposite party no. 2, applicant no. 2 is married nanad and applicant no. 3 is unmarried nanad, who have filed the instant application. As the matter is already going on at Mediation Centre in District Court, therefore, it would be appropriate that the matter insofar as applicants are concerned, is referred to Mediation Centre in District Court, in view of the judgement of the Apex Court in the case of Rajesh Sharma and Ors. v. State of U.P. and Anr., AIR 2017 SC 3869.
The Supreme Court in Rajesh Sharma (supra), has issued certain directions regarding disputes covered under section 498-A IPC. Paragraph 19 of the judgement which contains the directions so issued, is reproduced hereunder:-
"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, the applicants are directed to participate in the mediation proceedings pending in the District Court. The mediation centre shall submit its report within one month from the date of receipt of the case before the concerned learned Magistrate.
For a period of two months from today or till the submission of the report by the mediation centre, whichever is earlier, no coercive action shall be taken against the applicants. If bail application is filed by the applicants, the same shall be decided according to the direction contained in Rajesh Sharma (supra).
It is, however, provided that in case the mediation fails, the applicants shall be at liberty to file a fresh application under Section 482 Cr.P.C.
With the aforesaid observations, this application under Section 482 Cr.P.C., stands disposed of.
Order Date :- 15.10.2024 DS