Court No. - 52

Case :- APPLICATION U/S 482 No. - 5020 of 2023

Applicant :- Rachna

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Satish Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Shiv Shanker Prasad,J.

Heard Mr. Satish Mishra, learned counsel for the applicant, and the

learned Additional Government Advocate for the State.

This application under Section 482 Cr.P.C. has been filed to quash

the entire proceedings of impugned summoning order dated

09.06.2022 passed by the Judicial Magistrate, Court No. 1, Agra in

Complaint Case No. 990 of 2021 (Shanidev Vs. Rachna and

Others), under Section 406 I.P.C., Police Station Khandauli,

District Agra.

Learned counsel for the applicant submits that the applicant is the

wife of opposite party no. 2 respectively. He, therefore, submits

that the dispute between the parties is a matrimonial dispute and in

case the matter is referred for mediation, the parties may get an

opportunity to amicably settle their dispute. He, therefore, submits

that in view of the peculiar facts and circumstances of the present

case, it will be in the interest of both the parties that the parties

may be referred for mediation to the Mediation Centre of

concerned District.

The Apex Court in the case of Rajesh Sharma and Others Vs.

State of U.P. and another, reported in 2017 AIR (SC) 3869, has

issued certain directions regarding disputes covered under section

498-A IPC. Paragraph 19 of the judgement which contains the

directions so issued, is reproduced hereunder:-

"19. Thus, after careful consideration of the whole issue, we

consider it fit to give following directions :-

(i) (a) In every district one or more Family Welfare Committees be

constituted by the District Legal Services Authorities preferably

comprising of three members. The constitution and working of

such committees may be reviewed from time to time and at least

once in a year by the District and Sessions Judge of the district

who is also the Chairman of the District Legal Services Authority.

(b) The Committees may be constituted out of para legal

volunteers/social workers/retired persons/wives of working

officers/other citizens who may be found suitable and willing.

(c) The Committee members will not be called as witnesses.

(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 di