High Court
Case Details
Court No. - 77 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17185 of 2021 Applicant :- Dr. Anil Kumar Jaiswal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvesh Kumar Dubey,Nishith Tripathi Counsel for Opposite Party :- G.A.,Chandan Sharma Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
Heard learned counsel for the applicants, learned counsel for the informant and learned Additional Government Advocate for the State of U.P. and perused the record. This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicants seeking Anticipatory Bail in Case Crime No. 304 of 2020, under Sections 498-A, 328, 406, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Bajariya, District Kanpur Nagar. Earlier by order dated 30.11.2021, granting interim protection to the applicants, the matter was referred to Mediation Center of this Court. The said order reads thus: "(1) Heard learned counsel for the applicants and learned A.G.A and perused the record. (2) The instant application is being moved by the applicants invoking the powers of Section 438 Cr.P.C. that they have every reason to believe that they may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime No. 304 of 2020, under Sections 498A, 328, 406, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Bajariya, District Kanpur Nagar. (3) It is submitted by learned counsel for the applicants that the present matter relates to matrimonial discord and misunderstanding between the contesting parties and the said dispute could be well settled, if the matter referred to Mediation Center of Allahabad High Court. (4) Considering the nature of differences and nature of prosecution between the parties, the Court feels that in the interest of justice let an opportunity be granted to settle their misgiving and "issue" (if any) in an amicable and congenial way. Thus, it is directed that applicant no. 1 shall deposit a sum of Rs. 20,000/- latest by 15.12.2021 with the Mediation Center, of which the entire amount shall be paid to the opposite party no.2 only after mediation process is over before the Mediation Center. The Court expects that both the parties would render necessary assistance to settle their discord once for all. (5) It has come to the notice of this Court that the parties are coming to the process of mediation in most non-serious way and premeditated mind. The Court refers the matter to the A.H.C.M.C.C. with hope and trust that the parties would utilize this process and platform to have some fruitful result. The process of mediation is not for earning the amount deposited by the applicants. If the opposite parties are coming to the Center with different design in their mind and for only receiving the amount, deposited by the applicants, then this practice has to be deprecated and condemned. Thus, it is directed that if the opposite parties are coming and participating the process of mediation, then the entire amount would not be handed over to them in one go, and the same would be handed over to them in following manner : (a) If opposite party approaches the Mediation Center in only one date and submits that they are no more interested in the process of mediation or absented themselves from successive occasions without any justifiable reasons, then only 50% of the entire amount deposited by the applicants, would be handed over to them or their representatives or counsel and rest amount would go to the applicants. (b) If the contesting parties are coming and participating in the process of mediation for two or more occasions, then only the opposite parties would be entitled for full amount; (c) If despite of the due notice to opposite parties, they do not appear without any justifiable reasons, then the entire amount would be refunded to the applicants. (d) In case the aforesaid amount is not deposited by the applicants within the aforesaid period or after depositing the aforesaid amount they fail to participate in the mediation process without any justifiable reason or prior notice, the entire amount would be fortified in the account of Mediation Center and the matter would be remitted to the court concerned immediately and interim order shall be deemed to be vacated automatically. Their is no need of any formal order for vacating the stay by the Court. (6) The matter is remitted to the Mediation Center with the direction that the Mediation Center shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties. Only after the aforesaid amount is deposited by the applicants, notice shall be issued to the parties by the registry of Mediation Center. It is made clear that High Court Mediation & Conciliation Center, Allahabad is required to submit its report within three months. (7) Thereafter, the case shall be listed in the first week of March, 2022 along with the mediation report. (8) Till the next date of listing, no coercive action shall be taken against the applicants in aforesaid case crime, so as to enable the parties to break the ice between them. However, it is made clear that the investigation shall go on uninterruptedly and the applicants would participate in the investigation." A perusal of the report of Mediation Center dated 18.12.2022 shows that parties have entered into an amicable settlement as per the terms and conditions mentioned in the settlement dated 18.12.2022. Learned counsel for the applicants submits that since the parties have amicably settled the dispute thus they do not want to proceed with the matter.
Decision
In view of the above, aforesaid interim anticipatory bail order dated 20.5.2021 is made absolute till submission of police report under Section 173(2) Cr.P.C. on the terms and conditions as indicated in the said order. With the aforesaid observations and directions, the instant anticipatory bail application is allowed. Order Date :- 25.1.2023 DS Digitally signed by :- Digitally signed by :- DIGAMBER SINGH DIGAMBER SINGH High Court of Judicature at Allahabad High Court of Judicature at Allahabad