Court No. - 52

Case :- APPLICATION U/S 482 No. - 5006 of 2023

Applicant :- Manoj Kumar

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

Counsel for Applicant :- Adil Khan

Counsel for Opposite Party :- G.A.

Hon'ble Shiv Shanker Prasad,J.

Heard Mr. Adil Khan, 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 impugned charge sheet dated 24.05.2021 and the cognizance

order dated 26.08.2021 as well as entire criminal proceedings of

Case Crime No. 0191 of 2021, under Sections 498-A, 323 I.P.C.

and Section 67 of Information Technology Act, Police Station

Ujhani, District Budaun, pending in the Court of Chief Judicial

Magistrate, Budaun.

Learned counsel for the applicant submits that the applicant is the

husband of opposite party no. 2. 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