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Judgment
Mahabath Nisha got married to Syed Ali on 04.06.2009 and they have two children through the wedlock. Their marriage ran into rough
weather resulting in the spouses getting estranged. Mahabath Nisha lodged a complaint before the All Women Police Station, Thoothukudi and a
petition enquiry in C.S.R.No.20 of 2017 was conducted and the same was closed. Mahabath Nisha was not satisfied with the police enquiry.
Therefore, she filed a petition under Section 156(3) of the Code of Criminal Procedure before the learned Judicial Magistrate No.3, Thoothukudi
for a direction to the police to register an FIR against her husband and in-laws. The learned Magistrate dismissed the petition in Cr.M.P.No.1359
of 2017 on 11.08.2017, aggrieved by which, Mahabath Nisha has filed the present Criminal Revision Case.
Heard Mr.B.N.Raja Mohamed, learned counsel for the petitioner, Mr.M.Asokan, learned Government Advocate (Crl.side) for the first and
second respondents and Mr.Senthil Sankaranatha Kumar, learned counsel for the respondents 3 to 7.
Mr.B.N.Raja Mohamed, learned counsel for Mahabath Nisha placed very strong reliance upon the recent judgment of the Supreme Court in
Rajesh Sharma vs. The State of Uttar Pradesh [Criminal Appeal No.1265 of 2017, dated 27.07.2017], in which, the Supreme Court has issued
various directions, out of which, Mr.B.N.Raja Mohamed, learned counsel placed strong reliance upon Direction No.19(d), which reads as follows:
Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee
may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic
communication.
Mr.B.N.Raja Mohamed, learned counsel contended that the Magistrate should have followed the direction by referring the parties to the
Committee instead of dismissing the petition.
Per contra, Mr.Senthil Sankaranatha Kumar, learned counsel for the respondents 3 to 7 submitted that Syed Ali has filed O.S.No. 172 of 2017
before the learned Principal District Munsif, Tuticorin for dissolution of marriage, in which, Mahabath Nisha entered appearance, but, later, did not
contest, on account of which, an exparte order has been passed in his favour. Only thereafter, Mahabath Nisha has filed the present complaint
under Section 156(3) of the Code of Criminal Procedure. He also fairly contended that Mahabath Nisha has filed an application to set aside the
exparte order.
This Court gave its anxious consideration to the rival submissions.
It is a trite that an order under Section 156(3) cannot be passed mechanically by a Magistrate, especially, in the light of the law laid down by the
Supreme Court in Mrs.Priyanka Srivatsava vs. State of U.P., reported in 2015 (4) Scale 120. Even, in Rajesh Sharma''s case, the Supreme Court
has referred to Arnesh Kumar Vs.State of Bihar reported in 2014 (8) Scale 250 and has observed that relatives of the husband should not be
subjected to indiscriminate arrest and harassment. Therefore, the Court must be very circumspect in ordering police investigation in matrimonial
cases, because when once the husband or his relative is arrested, the chances of re-union will become remote. The consequences will also be
disastrous, inasmuch as if the arrested person is a Government servant, he may even lose his job. Under such circumstances, this Court does not
find any serious infirmity in the order passed by the learned Magistrate warranting interference.
However, it is seen that there are two children for Mahabath Nisha and as directed by the Supreme Court, an attempt must be made to bring
about a re-conciliation between the parties. Bearing in mind the spirit of the law laid down by the Supreme Court in Rajesh Sharma''s case, this
Court directs both the parties, namely Mahabath Nisha and Syed Ali to appear before the learned Principal District Munsif, Tuticorin in
O.S.No.172 of 2017 and on such appearance, the parties may be referred to the local Mediation Centre for bringing about an amicable settlement
amongst them.
With the above direction, the Criminal Revision Case is closed.