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2007 DIGILAW 846 (RAJ)

Subhash v. State of Rajasthan

2007-04-24

DALIP SINGH

body2007
JUDGMENT 1. - Heard learned counsel for the petitioner as well as the learned Public Prosecutor and the learned counsel for the complainant and perused the case diary as well as the contents of the F.I.R. 2. During the course of hearing and pendency of this petition, efforts were made for reconciliation in which the wife informant who is working as a teacher at Banswara appeared and expressed her willingness to rejoin the matrimonial home. The petitioner being husband, on the other hand, has expressed his inability to accept her. 3. The husband has also filed a petition for dissolution of marriage on the ground of mental cruelty. It is alleged that as a result of the aforesaid petition being filed by the husband, the wife has lodged the present report. 4. After the report was lodged by the wife, the parents of the accused petitioner were arrested immediately. The husband at that relevant time being posted at Jhalawar was not arrested and filed the present application for anticipatory bail. On account of the arrest of the unsuspecting parents of the accused petitioner, it appears, that the husband is now not willing to accept the wife as it may annoy his parents. 5. It does not appear from the record that at any point of time, prior to the arrest of the accused persons namely the parents of the accused petitioner, any effort was made by the Police or the Investigating Officer to reach to the parties to see, if any reconciliation is possible. The haste shown by the police in such cases of 498A and 406 I.P.C., on the lodging of the F.I.R. to proceed for the arrest of the accused, often results in a stumbling block to bring about reconciliation as most of these disputes are trivial disputes. Though it can be contended that same time that it is required to be done in accordance with the procedure provided under the Code of Criminal Procedure be that as it may some amount of discretion and latitude must be exercised by the Investigating Agency in such like matters. Though it can be contended that same time that it is required to be done in accordance with the procedure provided under the Code of Criminal Procedure be that as it may some amount of discretion and latitude must be exercised by the Investigating Agency in such like matters. In the present case, there is a life of the innocent child born out of the wedlock of the accused and the informant who is six years old and is not party to any of the acts of omissions and commissions of the parties and as a result of the strained relationship which appears have arisen now more on account of the parents of the accused petitioner having been arrested that this child aged six years shall have to grow up as a single parent child which may result in serious consequences in his mental make up. 6. In such like cases, it would, in my opinion be necessary that even if the report is lodged and registered in accordance with Section 154 Cr.P.C., the first hand effort must be made for finding a solution to the problem if the allegations are not too severe aimed at bringing about reconciliation. 7. In the facts and circumstances of the present case, having regard to the nature of the allegations and the matter which has come on record, without expressing any opinion on the merits of the case, I deem it just and proper to grant the benefit of Section 438 Cr.P.C. to the accused petitioner with the hope that at some point of time better sense shall prevail in the best interest of the innocent child and the grand parents would be willing to accept the daughter-in-law despite the fact that the report was lodged at her instance. 8. Accordingly, the bail application filed under Section 438 Cr.P.C. is allowed. The concerned SHO is directed that in the event of the arrest of accused petitioner Subhash son of Shri Rameshwar Lal, in connection with F.I.R. No. 722/2006 Police Station, Kotputali, District Jaipur, he shall be released on bail on furnishing a personal bond in the sum of Rs. 20,000/- and two sureties in the sum of Rs. The concerned SHO is directed that in the event of the arrest of accused petitioner Subhash son of Shri Rameshwar Lal, in connection with F.I.R. No. 722/2006 Police Station, Kotputali, District Jaipur, he shall be released on bail on furnishing a personal bond in the sum of Rs. 20,000/- and two sureties in the sum of Rs. 10,000/- each to his satisfaction on the following conditions : (i) He shall make himself available for interrogation by the Investigation Officer as and when required; (ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her. from disclosing such facts to the Court or to the Investigating Officer; (iii) He shall not leave India without the previous permission of the Court; (iv) He shall not commit similar offence. 9. A copy of this order be sent to the Director General of Police for issuing necessary instructions in consultation with the Law Department of the Government of Rajasthan to the SHOs in the State of Rajasthan that in the matrimonial matters for offences relating to domestic violence of Sections 498A and 406 I.P.C. some amount of restrain be shown and efforts first be made, even if the report is accepted at the Police Station and recorded, for reconciliation between the parties and if the case so warrants, the arrest may be postponed by proceeding against the accused/parties under Chapter VIII of Code of Criminal Case (sic Procedure). For the purpose of reconciliation, the help of mediators may be resorted to after finding out if there are qualified persons or persons who were instrumental in getting the marriage accomplished or there are common friends or relatives who would be willing to mediate and bring about reconciliation between the parties. However, if the facts of the case so warrant, the Investigating Officer shall be at liberty to proceed with the immediate arrest or preventive action.This bail application, subject to above, stands allowed.Application allowed. *******