Allahabad High Court
Rum Singh And 2 Others vs State Of U.P. And Another on 14 March, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 3166 of 2023 Applicant :- Rum Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Darwari Lal Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
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 the chargehseet dated 16.5.2021 and criminal proceedings of Criminal Case No. 1086 of 2022 (State v. Rum Singh and others), pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 5, Bareilly, under Sections 498A IPC and 3/4 D.P. Act, arising out of Case Crime No. 52 of 2021, Police Station Bhamora, District Bareilly.
Learned counsel for the applicants submits that the present case is arising out of matrimonial proceedings and in case the matter is referred to the Mediation Centre, the parties may get the opportunity to settle their dispute.
The Apex Court in the case of Rajesh Sharma and Ors. v. State of U.P. and Anr., AIR 2017 SC 3869, 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, no useful purpose would be served by keeping the proceedings of the aforesaid case pending before this Court. The applicants are directed to deposit a sum of Rs. 5,000/- by way of Demand Draft / pay order in the name of Santosh, wife of applicant no. 1 before the concerned District Court within a period of two weeks from today. After deposit of the aforesaid amount, the court concerned shall immediately send a notice to the opposite party no.2 calling upon him along with wife of applicant no. 1 to participate in the mediation proceedings. The said amount of Rs. 5,000/- shall be payable to the wife of applicant no. 1 on her appearance before the court concerned.
The concerned District Court is directed to refer the parties to the committee constituted for mediation at District concerned within a period of 15 days from the date of receipt of the certified copy of this order.
The mediation centre shall submit its report within one month from the date of receipt of the case before the learned Magistrate.
For a period of two months from today or till the submission of the report by the mediation centre, 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 applicant 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 :- 14.3.2023 DS