KAILASH GAMBHIR, J. (Oral)

By way of the present petition the petitioners who are parents- in-law of the complainant seek grant of anticipatory bail. Mr. Sharma counsel for the State submits that allegations are serious in nature against the petitioners, therefore, the petitioners do not deserve grant of anticipatory bail. Complainant is present in the court. She states that there is no possibility of her going back to the matrimonial home. However, the complainant is not averse to the matter being sent before the mediation cell. Let the matter be sent to the Mediation Cell, Rohini Court, Delhi for exploring the possibility of amicable settlement between the parties. Let the parties appear before the Mediation Cell, Rohini Court, Delhi on 11.8.2008 at 4.00 P.M. List the matter before the court on 23.9.2008. Till then the petitioners shall not be arrested. Before parting with this case, I deem it expedient and in the larger interest of saving matrimony of the couples and to restore peace between the two hostile families of husband and wife who once must have celebrated the marriage of couple with great zeal, fervor and enthusiasm but when faced with many facets and stark realities of life entangled themselves to fight a long drawn legal battle instead of building confidence, trust, understanding, mutual respect for each other and their respective families. The offence of cruelty by husband or relatives of husband (Section 498-A) was added in 1986 to curb the vise of subjecting women to coerce them or their relatives to meet unlawful demands for dowry. Since its enactment, this provision has been subjected to systematic and sustained attack. It has been called unfair and responsible for the victimisation of husbands by their wives and her relatives. No doubt there may be many deserving cases where women are being subjected to mental and physical cruelty at the hands of the avaricious in-laws. But such cases have to be distinguished from other cases where merely due to trivial fights and ego clashes the matrimony is facing disaster. What is not comprehended by young minds while invoking the provisions of the likes of Section 498-A and 406 of IPC is that these provisions to a large extent have done incalculable harm in breaking matrimony of the couples. Despite the western culture influencing the young minds of our country, still it has been seen that Indian families value their own age old traditions and culture, where, mutual respect, character and morals are still kept at a very high pedestal. It has been noticed in diverse cases, where the brides and their family members in litigation find the doors of conciliation shut from the side of groom and his family members only on account of there having suffered the wrath of Police harassment first at the stage when matter is pending before crime against women cell and thereafter at the time of seeking grant of anticipatory or regular bail and then the ordeal of long drawn trial. Daily, matters come before this court seeking bail and for quashing of FIR?s registered under Sections 498A/406 of the IPC. This court is of the view that it is essential to lay down some broad guidelines and to give directions in such matters in order to salvage and save the institution of marriage and matrimonial homes of the couples. Guidelines:

1. Social workers/NGO There is no iota of doubt that most of the complaints are filed in the heat of the moment over trifling fights and ego clashes. It is also a matter of common knowledge that in their tussle and ongoing hostility the hapless children are the worst victims. Before a wife moves to file a complaint with the Women Cell, a lot of persuasion and conciliation is required. (a) The Delhi Legal Service Authority, National Commission for Women, NGO?s and social worker’s working for upliftment of women should set up a desk in crime against women cell to provide them with conciliation services, so that before the State machinery is set in motion, the matter

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