JAMMU, AUGUST 11: The Court of the 2nd Additional Sessions Judge, Jammu, Anoop Kumar Sharma, has called upon the J&K Home Department and Directorate of Prosecution to formulate a Standard Operating Procedure (SOP) for prosecutors regarding withdrawal of matrimonial criminal cases following settlement between the parties.
The court made the observations while disposing of a case involving offences under Sections 498-A, 494 and 109 RPC. It directed that a copy of the order be forwarded to the Secretary, Home Department, UT of J&K, and Director Prosecution, J&K, for necessary action.
The court noted that the J&K High Court has already prescribed a mechanism for withdrawal of prosecution in matrimonial disputes involving Section 498-A IPC, particularly where the wife, husband and their relatives mutually agree to bring the criminal proceedings to an end.
The court referred to the judgment in Divinder Kour and another v. UT of J&K, wherein the High Court had laid down guidelines concerning withdrawal of prosecution in such cases. It also noted that the Supreme Court had dismissed the challenge filed by the UT of J&K against the High Court judgment.
The court observed that despite repeated communications, there had been no response from the higher prosecution authorities in the matter. It stressed the need for clear and uniform instructions to ensure that the High Court’s directions are followed by prosecutors “in letter and spirit.”
The court further observed that it would be appropriate for the Director Prosecution, in consultation with the Home Department, to issue an SOP so that the High Court’s directions are uniformly implemented by prosecutors appearing before criminal courts across the Union Territory of Jammu and Kashmir.
The court emphasized that clear guidelines would help avoid ambiguity and ensure consistency in dealing with matrimonial criminal cases where the parties have reached a settlement and seek withdrawal of proceedings.
In the particular case, the court also took note of the prolonged silence of the prosecution authorities. The lack of objection was treated as implied consent to the withdrawal of the prosecution.
Consequently, the court dismissed the challan and acquitted all the accused in the case.
The directions assume significance as matrimonial disputes involving Section 498-A frequently continue before criminal courts even after the parties arrive at an amicable settlement, making uniform implementation of the High Court’s guidelines important for the prosecution machinery across J&K.(KNC)
