Excelsior Correspondent
JAMMU, Sept 20: Passing strictures against the Police Station Women Cell at Canal Road, High Court today said that Women Cell should abandon the practices, which are in conflict with the law.
“It appears that social policing is the responsibility of Police Station Women Cell, which deals with the crimes against women. However, it cannot, justifiably, keep the complaints pending like a sword of Damocles hanging on the head of the spouse of complainant indefinitely”, Justice B L Bhat said after hearing Advocate S S Ahmed appearing for the petitioner and Senior AAG Gagan Basotra for the respondents.
“If efforts at reconciliation prove abortive, the women cell is bound to take decision in regard to registration of case depending upon the nature of allegations in the complaint”, Justice Bhat said, adding “summoning of allegedly erring spouse to Women Cell day in and day out, exerting pressure on such spouse to enter into a settlement and pay-off the money suggested as settlement money are the matters falling in the forbidden zone”.
The High Court further said, “the exercise of such a power would be in brazen deviation from the statute. A women cell may be playing the role of social policing befitting in appropriate cases as a preliminary measure but it cannot assume the role of a Family Court/Matrimonial Court”, adding “working out settlements involving monetary transactions, grant of alimony or disputes relating to Istri Dhan are the matters which don’t fall within the non-adjudicatory role of the Women Cell. Practices adopted to the contrary being in conflict with law are required to be abandoned”.
With these observations and strictures, Justice B L Bhat disposed of the petition filed by Rahul Raina in view of the fact that no case has been registered against the petitioner till date and his association with any criminal proceedings was not contemplated at this stage. The High Court also directed the official respondents not to cause any harassment to the petitioner.
In the petition it had been submitted that Police Station Women Cell, on the complaint of estranged wife of the petitioner, had been making endeavours for settlement between the petitioner and respondent. However, no formal case was registered against the petitioner.
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