This judgment quashes an FIR under Sections 498-A IPC and Dowry Prohibition Act. The court directed mediation due to a custody dispute, which resulted in settling differences, leading to the quashing of the petition.
The First Information Report dated 29.1.2020 was quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 3056 of 2020
Petitioner :- Sharda Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Pati Tiwari Counsel for Respondent :- G.A.,Ram Ashish Pandey,Sharad Chand Rai
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Heard Sri Anand Pati Tiwari learned counsel for the petitioner, Sri Sharad Chand Rai for the informant and learned AGA for the State.
Challenge in the writ petition is to the First Information Report dated 29.1.2020, registered as Case Crime No.0004 of 2020, under Sections 498-A, 323, 506, 363 IPC & Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana (Safai), District Etawah, on the ground that the dispute is matrimonial in nature and could be resolved by way of mediation. Taking note of it following orders were passed in the matter on 2.3.2020:-
"On 20.02.2020, we had passed the following order:-
"The contention of leaned counsel for the petitioner is that this appears to be a case where there is a dispute with regards to custody of the minor child of the informant and in so far as the allegation in respect of demand of dowry etc. is concerned they are unfounded, inasmuch as, admittedly the marriage is of the year 2013.
Learned counsel for the petitioner states that the petitioner would ensure handing over of custody of the child to the informant and a date may be fixed so that the parties may be able to settle their dispute, inter se, amicably.
Considering the facts of the case, we deem it appropriate to issue notice to the respondent no.3 (Pooja Gupta) fixing 2nd March, 2020. The notice shall be served upon the respondent no.3 through Chief Judicial Magistrate, Etawah. On the next date, the petitioner shall ensure production of the child (Rudra).
The respondent no.3 shall also be present in the court on the next date i.e. 2nd March, 2020.
List this matter on 2nd March, 2020.
Till the next date, no coercive action shall be taken against the petitioner in Case Crime No. 0004 of 2020, under Sections 498-A, 323, 506 and 363 IPC and Section 3/4 of Dowry Prohibition Act, police station Mahila Thana (Safai), district Etawah."
Pursuant to the above order, the Chief Judicial Magistrate, Etawah has submitted a report stating that he has duly served notice of the petition upon the respondent no.3 (Pooja Gupta).
The lawyers are abstaining from work today on account of a call provided by the Bar
Council. However, Pooja Gupta (respondent No.3) is present in person and the counsel of Pooja Gupta, Sri Ram Ashish Pandey is also present though is abstaining from arguing on her behalf. He has, however, identified Pooja Gupta, who is present in Court.
Sri Harikishan, the son of the petitioner (Sharda) is also present in Court with his son Rudra Kumar and the petitioner (Sharda), who is the grandmother of Rudra Kumar, is also present in Court and they have been identified by Sri Anand Pati Tiwari, Advocate, who is also abstaining from arguing on their behalf due to call of the Bar Council.
We had examined the possibility of the child being handed over to the mother but the child is refusing to go with his mother and seems to be comfortable with his father and grandmother.
The respondent no.3, the mother of the child, states that the child has been pampered and, therefore, he does not wish to come to her but that would not be good for the child in the long run.
Considering that the future of the child would be at peril if the parents continue to remain estranged, as they appear to be so right now, we deem it appropriate to refer the matter to the Mediation Centre of this Court to explore possibility of a compromise/settlement between the parties.
In view of the above, we deem it appropriate to require the learned counsel for the petitioner to implead Har Kishan Gupta as petitioner no.2 in the petition within forty eight hours.
Sri Har Kishan Gupta shall deposit Rs. 10,000/- in the Mediation Centre of this Court by or before 19th March 2020. Upon such deposit, the Mediation Centre shall fix a date, which shall be not later than three weeks from the date of the deposit, for appearance of the parties before it and shall, thereafter, explore possibility of a settlement/compromise between the parties within next two following months.
List this matter again on 26th May 2020.
Subject to the deposit, as directed above, no coercive step shall be taken against the petitioners in Case Crime No. 0004 of 2020, P.S. Mahila Thana (Safai), District Etawah."
A report has now been submitted by the Mediation Centre, as per which the parties have already resolved their differences.
Sri Anand Pati Tiwari learned counsel for the petitioner and Sri Sharad Chand Rai for the informant state that parties have resolved their differences and they do not intend to pursue the First Information Report any further, therefore it may be quashed.
In that view of the matter, the impugned First Information Report dated 29.1.2020 stands quashed and the writ petition, accordingly, is allowed.
Order Date :- 27.5.2022 Anil
Digitally signed by ANIL KUMAR PATEL Date: 2022.05.27 18:45:45 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to quash the FIR in a matrimonial dispute involving dowry allegations and child custody
Whether mediation is appropriate before coercive steps are taken in such disputes
2 provisions across 2 enactments
Sharda
State Of U.P.
Pooja Gupta
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
