MAHESH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By the present petition, the petitioners who are facing trial in case FIR No.115/2011 under Sections 406/498A/34 Penal Code registered at PS Mahindra Park have challenged the order dated 13th Oct., 2015 passed by learned Metropolitan Magistrate allowing the application filed by the State along with the charge sheet seeking condonation of delay in filing the charge sheet and the order dated 9th Dec., 2015 passed by the leaned Additional Sessions Judge upholding the order dated 13th Oct., 2015 passed by the learned Metropolitan Magistrate.

(2.) During the course of arguments, learned counsel for the petitioner on instructions gave up his plea in respect of challenge to the condonation of delay and prayed that guidelines be laid down as invariably in all cases relating to FIRs registered for offences punishable under Sections 498A/406/34 Penal Code and/or under Sections 3/4 of Dowry Prohibition Act, charge sheets are invariably filed beyond the period of limitation because considerable time is spent first at the CAW Cell, then during the investigation awaiting the decision in anticipatory bail application or because the parties are exploring possibilities of a settlement. Suggestions were filed by the petitioner and also by the State. One issue on which learned counsels for the parties were unanimous is that there should be no pause in the investigation awaiting settlement talks.

(3.) The importance for providing conciliation so that the parties can iron out their disputes if possible at the CAW Cell at the pre-registration of FIR stage cannot be belittled. Only if the parties are not able to conciliate their differences and the complaint discloses commission of cognizable offences, recommendations are made for registration of the FIR to the police station concerned. Even after registration of the FIR, at every stage of investigation, efforts to negotiate a settlement or conciliate the differences is encouraged by the Courts but that does not mean that the investigation is set at knot and it should be kept pending which is the main reason for delay in filing of the charge sheets in most of the cases.