Whether the
Criminal Courts dealing with the complaints Under Section 498-A of Indian Penal
Code can refer the matter to mediation for the settlement of dispute was
examined by the Supreme Court.
The Hon’ble
Supreme Court in K.Srinivas
Rao Vs D.A.Deepa, held that
though offence punishable Under Section 498-A of Indian Penal Code is not
compoundable, in appropriate cases if the parties are willing and if it appears
to the Criminal Court that there exist elements of settlement, it should direct
the parties to explore the possibility of settlement through mediation.
The Hon’ble
Supreme Court had issued directions that “(b) The criminal courts
dealing with the complaint under Section 498-A of the Indian Penal Code should,
at any stage and particularly, before they take up the complaint for hearing,
refer the parties to mediation centre if they feel that there exist elements of
settlement and both the parties are willing. However, they should take care to
see that in this exercise, rigour, purport and efficacy of Section 498-A of the
Indian Penal Code is not diluted. Needless to say that the discretion to grant
or not to grant bail is not in any way curtailed by this direction. It will be
for the concerned court to work out the modalities taking into consideration
the facts of each case. (c) All mediation centers shall set up pre-litigation
desks/clinics; give them wide publicity and make efforts to settle matrimonial
disputes at pre-litigation stage”.
Prepared by: S. Hemanth
Advocate at Hemanth & Associates
