Smt.Parul v. Dinesh Kumar) under Sections
Case Details
Court No. - 4 Case :- APPLICATION U/S 482 No. - 12513 of 2022 Applicant :- Dinesh Kumar And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard learned counsel for the applicants and learned A.G.A. for the State.
Facts
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding in Misc.Case No. 811 of 2020 (Smt.Parul versus Dinesh Kumar) under Sections 498-A, 323, 504, 506 I.P.C., and 3/4 Dowry Prohibition Act, Police Station Shikohabad District Firozabad arising out of summoning order dated 01.04.2022 in Case Crime No.579 of 2019 under Sections 498-A, 323, 504, 506 I.P.C. and section 3/4 D.P. Act, Police Station-Shikohabad, District-Firozabad pending in the court of A.C.J.M.,Shikohabad, Firozabad. 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 & Others Vs. State of U.P. & Another reported in 2017 (AIR) SC 3869 has issued certain directions regarding disputes covered under Section 498-A I.P.C. 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;
Legal Reasoning
(iv) If a bail application is filed with at least one clear days 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 is directed to refer the parties to the Committee constituted for mediation in District-Firozabad within a period of one month from the date of receipt of certified copy of this 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 Criminal Case No. 811 of 2020 (Smt.Parul versus Dinesh Kumar) arising out of Case Crime No. 579 of 2019 before the court below will depend on the report received by the Mediation Centre of the District and in case the mediation fails, the court below 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 Criminal Case No.811 of 2020 (Smt.Parul versus Dinesh Kumar) arising out of Case Crime No. 579 of 2019 under Sections 498-A, 323, 504, 506 I.P.C. and section 3/4 D.P. Act, Police Station-Shikohabad, District-Firozabad pending in the court below.
Decision
With the aforesaid observations, the application is disposed of. Order Date :- 1.6.2022 IB Digitally signed by ITU BANERJEE Date: 2022.06.01 18:02:03 IST Reason: Location: High Court of Judicature at Allahabad