CHANDER BHAN Vs. STATE

JUDGEMENT

(1.) BY way of the present petition the petitioners who are parents-in-law of the complainant seek grant of anticipatory bail. Mr. Sharma counsel for the State submits that allegations are serious in nature against the petitioners, therefore, the petitioners do not deserve grant of anticipatory bail.

(2.) COMPLAINANT is present in the court. She states that there is no possibility of her going back to the matrimonial home. However, the complainant is not averse to the matter being sent before the mediation cell. Let the matter be sent to the Mediation Cell, Rohini Court, Delhi for exploring the possibility of amicable settlement between the parties. Let the parties appear before the Mediation Cell, Rohini Court, delhi on 11. 8. 2008 at 4. 00 P. M. List the matter before the court on 23. 9. 2008. Till then the petitioners shall not be arrested. Before parting with this case, I deem it expedient and in the larger interest of saving matrimony of the couples and to restore peace between the two hostile families of husband and wife who once must have celebrated the marriage of couple with great zeal, fervor and enthusiasm but when faced with many facets and stark realities of life entangled themselves to fight a long drawn legal battle instead of building confidence, trust, understanding, mutual respect for each other and their respective families. The offence of cruelty by husband or relatives of husband (Section 498-A)was added in 1986 to curb the vise of subjecting women to coerce them or their relatives to meet unlawful demands for dowry.

(3.) SINCE its enactment, this provision has been subjected to systematic and sustained attack. It has been called unfair and responsible for the victimisation of husbands by their wives and her relatives. No doubt there may be many deserving cases where women are being subjected to mental and physical cruelty at the hands of the avaricious in-laws. But such cases have to be distinguished from other cases where merely due to trivial fights and ego clashes the matrimony is facing disaster.