Efforts for reconciliation and mediation should precede immediate FIRs and arrests in cases of domestic violence and offenses under section 498A IPC and Dowry Prohibition Act.

Amar Saran, Arvind Kumar Tripathi, J.

We have heard the learned Government Advocate.

2. This petition was converted to a Public Interest Litigation by an order dated 5.1.2011 and by order of Hon'ble the Chief Justice dated 21.1.2011 it has been assigned to a bench presided over by one of us (Hon. Amar Saran,J). So far as the original petitioners Sanjeev Kumar and others were concerned after the submission of the charge sheet the Cr. Misc. Writ Petition No. 3322 of 2010 preferred by them was dismissed as infructuous by an order dated 8.3.2011. The names of the petitioners and their counsel was also directed to be deleted and the case was henceforth to be described as ?Re: In the Matter of Matrimonial Disputes.? We now direct the office to assign a PIL number to this petition which is titled as above in place of its earlier number.

3. This Court had issued the following general directions on 26.2.2010 when the original petition was admitted:

1. That when a complainant approaches the police station or the concerned lower courts, with complaints about harassment, or violence against the wife, by the husband and in-laws, except in cases of extremely grave nature or in cases of serious violence and injuries, and where there are possibilities of repeated violence against the wife, the Courts or the police should first make an effort to try and bring about a reconciliation between the parties, by directing the parties to appear before the mediation centres in the Courts, wherever they exist, or to the mediation cells with the police. If reconciliation is not possible, and the matter appears to be serious, or there is a probability of recurrence of violence, only in those cases should the police take immediate steps for arresting the accused in pursuance of the FIR.

2.On the next date we would also like a report from the DGP, U.P. and the Principal Secretary (Home), U.P. as to whether any G.O.s or directions on the lines suggested above for fulfilment of the objective for initial attempt at mediation in such matrimonial matters exist, and they shall also consider the advisability of issuing such directions. In their response the said authorities should also point out the difficulties in sending the cases for mediation especially with regard to adequacy of the number of mediation centres in the Courts or attached to the police or mahila thanas, or the absence of trained mediators or any other difficulties, so that this Court may issue appropriate directions for addressing the problems indicated.

3. We would also like a response from the Organizing Secretary of the Mediation Centre of the Allahabad High Court about their experiences and suggestions in this regard, and whether they are prepared to give training to the mediating agencies before the lower courts or connected with the police at the local levels for bringing about successful mediation of such disputes.

4.We would also like a report from the Principal Secretary (Home), U.P. and the Registrar General of the High Court about the number of Courts and districts where such facilities for mediation exist, as also the courts where no such mediation facilities exist, and the steps they propose to take to meet the short fall in mediation centres, trained mediators and other infrastructure etc. needed.

5.This Court would also welcome intervention by NGOs who are working on problems of women, to give suggestions as to how these problems may be addressed.

6.We would also like suggestions from the U.P. State Legal Services Authority as to how they can help facilitate mediation between the parties in such matrimonial matters, and other suggestions in this regard on the next listing.

7.We also direct that this matter of trying to bring about reconciliation and mediation in matters relating to domestic violence involving offences under section 498 A IPC, D.P. Act and other allied sections, which are not of such a grave nature be also taken by the monitoring cells consisting of the D