Ilam Singh And Others v. State Of U.P. And Others, Allahabad High Court, Judgment, Law, casemine.com

Factual and Procedural Background

The case arises from matrimonial discord that escalated into criminal proceedings registered as Case Crime No. 199 of 2010 under Sections 498-A, 323, 504, 506 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act at P.S. Sikhera, district Muzaffar Nagar. The petitioners are involved in these criminal charges stemming from allegations related to matrimonial disputes. The court is addressing an interim application concerning these proceedings.

Legal Issues Presented

Whether reconciliation efforts should be pursued between the disputing parties involved in criminal proceedings arising from matrimonial discord.

Whether the arrest of the petitioners should be stayed pending mediation and reconciliation efforts.

What procedural steps should be taken to facilitate mediation and ensure compliance by the parties.

Court's Reasoning and Analysis

The court recognized its societal duty to attempt reconciliation between parties in matrimonial disputes that have resulted in criminal proceedings. It viewed the present case as suitable for mediation to heal the frayed relations and promote a healthy rapprochement. To this end, the court directed that the petitioners deposit Rs. 10,000 with the Mediation Centre at the High Court, Allahabad, specifying the distribution of the amount to cover expenses for the respondent no.3 (the victim's father) to attend mediation sessions. The court mandated issuance of notice to respondent no.3 to appear with the victim at the Mediation Centre and required both parties to cooperate with mediation efforts. The court stayed the arrest of the petitioners during this process but clarified that failure to comply with these directions would result in the cessation of the stay and prompt listing of the case for further orders. Finally, the court clarified procedural aspects regarding case listing and order issuance.

Holding and Implications

The court ordered that the matter be referred to the Mediation Centre for reconciliation, stayed the arrest of the petitioners pending mediation, and imposed conditions on the petitioners to deposit a specified amount to facilitate mediation expenses.

The direct effect of this decision is to provide a structured opportunity for reconciliation between the parties before continuing with criminal prosecution. The stay on arrest offers temporary relief to the petitioners contingent upon their compliance with the mediation process. The opinion does not establish any new legal precedent but emphasizes the court’s role in promoting amicable resolution in matrimonial disputes involving criminal charges.

Ilam Singh And Others v. State Of U.P. And Others

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the petitioners, learned counsel for the complainant and also learned Additional Government Advocate. The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide Case Crime No.199 of 2010 under Sections 498- A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act P.S. Sikhera, district Muzaffar Nagar.

Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties.

While referring the matter to Mediation Centre with the consent of the petitioners, it is directed that the petitioners shall deposit a sum of Rs.10,000/- with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High Court, Allahabad, out of which a sum of Rs.8000/- shall be payable to the respondent no.3, the father of the victim and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be paid over to the respondent no.3 the father of the victim on his appearing along with the victim before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the respondent no.3 for escorting the victim. The office upon deposit of the Bank draft shall issue notice within one week to the respondent no.3, i.e the father ofthe victim calling upon him to appear along with the victim in the Mediation Centre at Allahabad High Court on a date to be indicated in the said notice stating therein that the Bank draft deposited by the petitioners shall be delivered in the Mediation Centre on the date fixed. The said notice shall be served upon respondent no.3 through C.J.M concerned. It needs hardly be said that both the parties shall appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation. The Centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in the third week of September, 2010 along with report of Mediation Centre.

In the meanwhile, the arrest of the petitioners in the aforesaid case shall remain stayed.

It may be made clear that in case, there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed, the interim order staying arrest shall cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter.

It may be clarified that the case will not be treated as tied up to this Bench shall be listed before the appropriate Bench. Copy of this order will not be issued unless steps are taken. Order Date :- 23.7.2010 Shahnawaz

Ilam Singh And Others v. State Of U.P. And Others

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

Ilam Singh And Others v. State Of U.P. And Others

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