The Allahabad High Court has taken a significant step to prevent the misuse of Section 498A of the Indian Penal Code (IPC). On Monday, the court issued safeguards to protect against false allegations often used to harm husbands and their families.
The court clarified that after filing an FIR or complaint case, no arrests or coercive actions should be taken against the husband or his family members for a two-month “cooling period.” This ruling was made by Justice Rahul Chaturvedi while hearing revision petitions from three individuals challenging a session court order that rejected their discharge applications.
The case involved a wife lodging an FIR against her husband and in-laws, accusing them of cruelty, intentional insult, criminal intimidation, attempted murder, and offenses under the Dowry Prohibition Act. The wife claimed she was pressured for dowry, sexually harassed by her in-laws, locked in the bathroom by her husband, pressured to abort her pregnancy, and subjected to unnatural sex.
However, the court condemned the exaggerated nature and language of the allegations, suggesting they were meant to defame the husband and his family. The court noted that such detailed and graphic descriptions reflected the informant’s venom and poison.
Justice Chaturvedi highlighted that filing false FIRs in matrimonial disputes has become common, and this case appeared to follow that trend. The court also observed that the wife refused a medical examination, citing no physical harm except a bruise on her neck, which suggested an attempted strangulation by her husband.
The court dismissed the revision petitions by the in-laws but rejected the husband’s petition. The ruling emphasized the need to protect the traditional institution of marriage from the gross misuse of Section 498A.
The court issued the following directions to ensure fair handling of 498A cases:
- No arrests or police action: No arrests or coercive actions should be taken within the two-month cooling period after an FIR is filed.
- Family Welfare Committees (FWC): Cases under Section 498A IPC, along with other non-injury sections, should be referred to FWCs in each district.
- Cooling period: During the two-month period, the matter should be referred to the FWC for mediation.
- FWC composition: Each district should have one or more FWCs with members like young mediators, social workers, retired judicial officers, or spouses of senior judicial/administrative officers.
- FWC proceedings: The FWC will interact with both parties and their elderly family members to resolve issues within two months.
- FWC report: After two months, the FWC will submit a report to the magistrate or police authorities.
- No witness: FWC members should not be called as witnesses in court.
- Continued investigation: Police should continue peripheral investigations, such as medical reports and witness statements, during the cooling period.
- Post-cooling period action: After the cooling period, the magistrate or investigating officer will take appropriate actions based on the FWC report.
- Training for FWCs: Legal aid committees will provide necessary training to FWC members.
- Pro bono work: FWC members will work on a pro bono basis or for minimal honorarium.
- Specialized Investigators: Matrimonial cases should be handled by trained investigators with certified integrity.
- Settlement: If a settlement is reached, the District & Sessions Judge can dispose of the proceedings, including closing the criminal case.
This ruling by the Allahabad High Court aims to balance the protection of women’s rights with the prevention of false accusations, ensuring a fair process for all parties involved.
Case
Mukesh Bansal vs State of UP
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