The Allahabad High Court has introduced significant safeguards to prevent the misuse of Section 498A of the Indian Penal Code (IPC), which addresses cruelty against married women. The court has ruled that no arrests or coercive action can be taken within two months of registering an FIR or complaint under Section 498A.
Justice Rahul Chaturvedi emphasized the importance of a “cooling-off period” during which the case must be referred to the Family Welfare Committee (FWC) for resolution. The safeguards aim to curb the growing misuse of Section 498A, which, the court observed, is often weaponized to target husbands and their families with false allegations.
The Case Details:
The court was hearing revision petitions filed by three individuals challenging the rejection of their discharge applications by a sessions court. The FIR, lodged by the wife, included serious allegations of cruelty, dowry demands, criminal intimidation, attempted murder, and unnatural acts by the husband and in-laws.
The wife also alleged sexual harassment by her father-in-law and brother-in-law. However, the court noted that many allegations were exaggerated and lacked evidence.
Justice Chaturvedi dismissed the allegations of sexual misconduct as improbable, citing the traditional family structure where such behavior is unlikely. He also criticized the graphic language used in the FIR, labeling it indecent and unnecessary.
The court acknowledged a prevailing trend of filing exaggerated FIRs in matrimonial disputes, leading to the misuse of Section 498A. While the in-laws’ petitions were allowed, the husband’s revision plea was rejected.
Safeguards Issued by the Court:
- Cooling-Off Period: No arrests or coercive actions will be taken within two months of registering an FIR under Section 498A.
- Family Welfare Committees (FWC): Each district will have FWCs under the District Legal Aid Services Authority to mediate and resolve disputes during the cooling-off period.
- Investigation Restrictions: Investigating officers must avoid arrests during the cooling-off period but may conduct peripheral investigations, such as collecting medical reports and witness statements.
- Training for FWCs: FWC members will receive training to handle matrimonial disputes and provide unbiased mediation.
- Settlement: If parties reach a settlement, the proceedings can be closed by the District and Sessions Judge.
Court’s Observations on Misuse:
The court warned that continued misuse of Section 498A could erode the sanctity of marriage in Indian society. It emphasized the need for balance to ensure genuine cases are addressed while safeguarding innocent individuals from false allegations.
This landmark ruling aims to bring fairness and transparency to matrimonial disputes while preventing the misuse of legal provisions.
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