7 July 2022
Allahabad High Court grants relief to the husband and stays further proceedings until the outcome of the mediation ([498A IPC]).
The Allahabad High Court on Monday granted relief to a husband in a dowry harassment case by; stopping further action till the mediation center’s report received.
A bench of Justice Om Prakash Tripathi referred the case to the Mediation Centre, High Court, Allahabad, and instructed it to proceed in the matter quickly in response to an application submitted by the husband under Section 482 CrPC with a request to quash the entirety of the proceedings in the case against him under Sections 498-A of the Indian Penal Code and 4 of the Dowry Prohibition Act, 1961.
The case listed for further hearing on September 29, and the court ordered that; any further actions against the applicants or spouse in the case be postponed until the next date of listing and that the mediation report is submitted in advance of the scheduled day.
The applicant’s husband’s attorney argued before the court on the earlier date of hearing in April of this year that; the current matter relates to a matrimonial dispute between husband and wife and that; there is a likelihood of a peaceful resolution in the event that the matter is referred to the Mediation Center.
The court took notice of this and directed the applicant’s husband to pay Rs. 25,000 to the Allahabad High Court Mediation and Conciliation Centre in order to send the matter there.
On Monday, the applicant’s husband’s deposit with the Mediation Center was informed to the court that the directive had been implemented.
It’s important to remember that; the High Court has established certain protections against the abuse of Section 498A IPC, which punishes a woman’s husband or his family if they treat her cruelly. State of UP and another, together with two additional criminal revision pleas; Mukesh Bansal
The court ordered that; no arrests or other coercive measures against; the husband or his family members should be made after; the filing of the First Information Report or the complaint case under; Section 498A IPC and before the “Cooling Period” of two months had expired.
The directives further stated that; during the specified “Cooling Period,” the subject promptly brought to the relevant FWC. Each district required to have at least one Family Welfare Committee (FWC) with at; least three members.
Ashish Kumar Maurya v. State of Uttar Pradesh and Others
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