[498A IPC] Allahabad High Court grants relief to husband, stays further proceedings until mediation report
On the earlier date of hearing, Court was informed that the present matter relates to a matrimonial dispute between husband and wife and there is likelihood of amicable settlement if the matter is referred to the Mediation Centre.
Giving relief to a husband in a dowry harassment case, the Allahabad High Court on Monday stayed further proceedings in the case pending the report from the mediation center.
On an application filed by the husband under Section 482 CrPC with a prayer to quash the entire proceedings in the case against him under Sections 498-A of the Indian Penal Code and 4 of the Dowry Prohibition Act, 1961, the bench of Justice Om Prakash Tripathi referred the matter to the Mediation Centre, High Court, Allahabad and directed it to proceed in the matter expeditiously.
Listing the case on September 29 for further hearing, Court directed that further proceedings against the applicants/ husband in the case shall be kept in abeyance till the next date of listing and the Mediation report be filed prior to date fixed.
On the earlier date of hearing in April this year, the counsel for the applicant husband had submitted before the court that the present matter relates to a matrimonial dispute between husband and wife and there is likelihood of amicable settlement in case the matter is referred to the Mediation Centre.
Taking note of the same, the court had ordered the applicant husband to deposit a sum of Rs.25,000 with the Allahabad High Court Mediation and Conciliation Centre for it to refer the case to the same.
On Monday, Court was apprised that the direction has been followed and the applicant husband has deposited the amount with the Mediation Center.
Important to note that recently the High Court issued certain safeguards against misuse of Section 498A IPC which punishes a woman's husband/his relatives if they subject her to cruelty. (Mukesh Bansal v. State of UP and Another with two other criminal revision pleas)
Court directed that after lodging of the First Information Report or the complaint case under Section 498A IPC, without exhausting the “Cooling-Period” of 2 months, no arrest or any coercive action shall be taken against the husband or his family members.
The directios also included that each district shall have at least one or more Family Welfare Committee (FWC) comprising of at least 3 members and during the said “Cooling-Period”, the matter would be immediately referred to the concerned FWC.
Case Title: Ashish Kumar Maurya v. State Of U.P. And Another