High Court · 2025

(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. Additional Chief Judicial Magistrate, Bahraich is directed to refer the parties to the Committee constituted for mediation in District Bahraich within a period of one month from the date of receipt of certified 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 Criminal Case No. 16749/2022 before the Additional Chief Judicial Magistrate will depend on the report received by the Mediation Centre of the District and in case the mediation fails, the Additional 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 Criminal Case No. 16749/2022 (arising out of Case Crime No. 0114/2022) registered under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, 1961, P.S. Jarwal Road, Bahraich. With the aforesaid observations, the application is disposed of. Order Date :- 15.4.2025 Satyam SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench

(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. Additional Chief Judicial Magistrate, Bahraich is directed to refer the parties to the Committee constituted for mediation in District Bahraich within a period of one month from the date of receipt of certified 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 Criminal Case No. 16749/2022 before the Additional Chief Judicial Magistrate will depend on the report received by the Mediation Centre of the District and in case the mediation fails, the Additional 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 Criminal Case No. 16749/2022 (arising out of Case Crime No. 0114/2022) registered under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, 1961, P.S. Jarwal Road, Bahraich. With the aforesaid observations, the application is disposed of. Order Date :- 15.4.2025 Satyam SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench