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IN THE HIGH COURT OF ALLAHABAD
Vikas Budhwar, J.
Prem Shankar and Others - Appellants
Versus
State of U.P. and Another - Respondents
Application U/s 482 No. 3628 of 2025
Decided On : 06-02-2025
(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 323 and 506 - Quashing of proceedings - An application was filed to quash the proceedings of a complaint case stemming from matrimonial discord, asserting that the allegations were fabricated and a no injury case - The matter was referred to the Mediation and Conciliation Centre with directions to report back within two months. (Paras 2, 3, 4, 5, 9)
(B) Interim Relief - Proceedings stayed - The court stayed further proceedings in the complaint case against the applicants pending mediation, clarifying that failure to comply with conditions would result in the lifting of the stay. (Paras 9, 10)
Facts of the case:
The applicants sought to quash a complaint case initiated by the husband in response to proceedings initiated by the wife under various sections of IPC and Dowry Prohibition Act, claiming the allegations were fabricated and arose from matrimonial discord.
Findings of Court:
The court referred the matter to mediation, indicating potential for settlement and stayed further proceedings in the complaint case against the applicants.
Issues: The main issue was whether the allegations in the complaint were fabricated and if the matter could be resolved through mediation.
Ratio Decidendi: The court found that the allegations were potentially fabricated and that mediation could lead to a resolution, thus staying the proceedings pending mediation.
Result: Proceedings stayed pending mediation.
Certainly. Here are the key points derived from the provided legal document:
The court recognized the potential for resolving matrimonial disputes through mediation and consequently stayed proceedings pending mediation (!) (!) .
The application filed under Section 482 of the Criminal Procedure Code aimed to quash the proceedings of a complaint case, which was initiated due to matrimonial discord, with the contention that the allegations were fabricated and no injury was caused (!) (!) .
The court referred the matter to the Mediation and Conciliation Centre of the Court with specific directions, including sending notices to the parties, fixing a date for mediation, and requesting a report within two months (!) (!) .
All further proceedings in the complaint case and the impugned summoning order were stayed in relation to the applicants until the mediation process was completed (!) .
The court emphasized that non-compliance with the conditions set for mediation, such as failure to appear or cooperate, would result in the automatic termination of the stay and permit the concerned court to proceed with the case (!) .
The main issues involved whether the allegations in the complaint were fabricated and if the matter could be resolved amicably through mediation, with the court finding a reasonable likelihood of settlement (!) (!) .
The judgment highlighted the importance of alternative dispute resolution in matrimonial cases and the court’s discretion to stay proceedings to facilitate such resolution (!) .
Please let me know if you need further analysis or assistance.
JUDGMENT :
Vikas Budhwar, J.
1. Heard Sri Sanjay Mishra, learned counsel for the applicants as well as Shri Vikash Sharma, learned State Law Officer for the State and perused the record with the assistance of learned counsel for the parties.
2. This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Complaint Case No. 10716 of 2024 (Rama Shankar Vs. Prem Shankar and others) as well as the impugned summoning order dated 27.11.2024 under Sections 323 and 506 IPC and Police Station-Rura, District Kanpur Dehat, pending before the court of Additional Civil Judge (C.D.) Court No.3/Additional Chief Judicial Magistrate, Kanpur Dehat.
3. The contention of the learned counsel for the applicants is that applicant No. 2 is the wife of the opposite party No. 2 and due to matrimonial discord, proceedings under Section 125 Cr.P.C. has been initiated and further applicant No.2 also initiated proceedings under Sections 498A, 323, 504, 506 IPC read with Section 3/4 Dowry Prohibition Act on 21.03.2024 and as a counterblast, now the impugned proceedings have been initiated by the opposite party No. 2-husband, on 15.05.2024. He submits that the applicants are innocent and the allegations are fabricated.
4. Learned counsel for the applicants has further argued that it's a no injury case and even in fact in case the matter is referred to Mediation and Conciliation Centre, High Court, Allahabad there are bright chances and all possibilities that the issue being settled between the parties and as obviously this matter emanates from the matrimonial dispute.
5. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court with the following directions (conditions):-
(a) Office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court.
(b) The Mediation Centre will submit its report in the matter within two months.
6. In addition to the same issue notice to the opposite party no. 2.
7. All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder, if any, may be filed within two weeks thereafter.
8. List this case on 12.05.2025 in the additional cause list before the appropriate Bench along with the report of Mediation and Conciliation Centre, High Court, Allahabad.
9. Till the next date of listing, the further proceedings in Complaint Case No. 10716 of 2024 (Rama Shankar Vs. Prem Shankar and others) as well as the impugned summoning order dated 27.11.2024 under Sections 323 and 506 IPC and Police Station-Rura, District Kanpur Dehat pending before the court of Additional Civil Judge (C.D.) Court No.3/Additional Chief Judicial Magistrate, Kanpur Dehat in so far as it pertains to the applicants shall remain stayed.
10. It is made clear that in case, any condition so entrusted upon the applicants is not complied with within the aforesaid period, the interim protection granted by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicants in accordance with law.
The court recognized the potential for resolution through mediation in cases stemming from matrimonial disputes, staying proceedings pending mediation.
The court emphasized the importance of mediation in resolving matrimonial disputes, allowing for potential settlements before proceeding with criminal allegations.
The court emphasized mediation as a viable resolution for matrimonial disputes, directing financial arrangements to facilitate this process.
The duty of the courts to encourage genuine settlements of matrimonial disputes and the applicability of Section 320 of the Code of Criminal Procedure in allowing the quashing of criminal proceedings....
The court emphasized that criminal proceedings should not proceed if the parties have settled their disputes amicably, as it amounts to an abuse of the legal process.
When parties have approached Court for quashing proceeding, on basis of settlement, guiding factor for Court would be: (i) to secure ends of justice or (ii) to prevent abuse of process of any Court.
The court emphasized that vague allegations in matrimonial disputes should not unjustly implicate family members of the husband.
Matrimonial disputes should be resolved amicably to avoid misuse of criminal law.
Matrimonial disputes are private conflicts not inherently harmful to society; unnecessary criminalization of relatives is discouraged.
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