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2004 Supreme(UK) 236

2004 (2) U.D., 649
High Court of Uttaranchal
V.S. Sirpurkar, C.J. and Irshad Hussain, J.
Vipin Kumar Singh
Versus
State of Uttaranchal and others
Order dated 23-9-2004, passed in Writ Pet. No. 939(M/B) of 2004.

The court emphasized the need for preventive measures to address the rampant misuse of Section 498-A and directed the creation of Marriage Counseling Cells in police stations.

Headnote:

Section 498-A - Misuse of Section 498-A - Court directs creation of Marriage Counseling Cells in police stations

Fact of the Case:

The court directed the petitioner to cooperate with the investigation and prohibited the use of coercive methods without prior permission. The court expressed concern over the rampant misuse of Section 498-A in certain districts and invited the Advocate General to address the issue.

Finding of the Court:

The court found a rampant misuse of Section 498-A in certain districts and directed the state to create Marriage Counseling Cells in police stations to address the issue.

Issues: Misuse of Section 498-A, need for preventive measures

Ratio Decidendi: The court's decision was influenced by the rampant misuse of Section 498-A and the need for preventive measures to address the issue.

Final Decision: The court directed the state to create Marriage Counseling Cells in all the police stations named in the order to address the misuse of Section 498-A.

Order

(Per Hon'ble the Chief Justice)

1. Learned Government Advocate accepts notice before admission on behalf of the respondents No. 1 & 2. Issue notice before admission to the respondent No.3 returnable within three weeks. List after three weeks.

2. In the meantime, it is directed that the petitioner shall cooperate with the investigation and no coercive method, like arrest etc. shall be used against the petitioner without obtaining the prior permission from this Court.

3. Before parting with the matter, we must express that there is a rampant misuse of Section 498-A, particularly, in the districts of Udham Singh Nagar, Haridwar and Dehradun and in some way, district of Nainital also. We, therefore, invited learned Add!. Advocate General to address us on this. Mr. U.K. Uniyal, learned Advocate General promised that he will look into the matter and shall also see that the police stations, more particularly the busy police stations in these districts, are provided by the Marriage Counseling Cells so that when a complaint comes, a senior officer would look into the complaint and decide whether the arrests are to be made and of whom.

4. We have found that particularly in the First Information Report, all the relatives, old & young, whether staying in the marital house or away from the marital house, are involved.

5. We, therefore, direct and expect a positive action on the part of the State in creating the Marriage Counseling Cells in all the police stations, particularly, the police stations named by us in this order.

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