No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC Guidelines

The Supreme Court today (July 22) endorsed the safeguards laid down by the Allahabad High Court regarding the establishment of the Family Welfare Committee (“FWC”) to prevent the misuse of Section 498A IPC(cruelty offence) in matrimonial disputes.The Court directed that the guidelines framed by the High Court will remain in effect and should be implemented by the authorities.A bench comprising Chief Justice of India BR Gavai and Justice AG Masih ordered :"The guidelines framed by the High Court of Allahabad in the impugned judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 vide paras 32 to 38, with regard to 'Constitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities.", the Court said.Of late, the Supreme Court has been repeatedly expressing concerns about the misuse of Section 498A IPC (and its corresponding provision in the new law, S.85 BNS).The Allahabad High Court, in its 2022 judgment, stated that it was issuing the guidelines drawing guidance from the Supreme Court's judgment in Social Action Forum for Manav Adhikar v. Union of India 2018 (10) SCC 443. The objective is to curb the increasing tendency among litigants to implicate the husband and his entire family through broad and sweeping allegations. The guidelines of the High Court were as follows: (i)No arrest or police action to nab the named accused persons shall be made after lodging of the FIR or complaints without concluding the "Cooling-Period" which is two months from the lodging of the FIR or the complaint. During this "Cooling-Period", the matter would be immediately referred to Family Welfare Committe(hereinafter referred to as FWC) in the each district.(ii)Only those cases which would be transmitted to FWC in which Section 498-A IPC along with, no injury 307 and other sections of the IPC in which the imprisonment is less than 10 years.(iii)After lodging of the complaint or the FIR, no action should take place without concluding the "Cooling-Period" of two months. During this "Cooling-Period", the matter may be referred to Family Welfare Committee in each districts.(iv)Every district shall have at least one or more FWC (depending upon the geographical size and population of that district constituted under the District Legal Aid Services Authority) comprising of at least THREE MEMBERS. Its constitution and function shall be reviewed (25) periodically by the District & Sessions Judge/Principal Judge, Family Court of that District, who shall be the Chairperson or Co-chairperson of that district at Legal Service Authority.(v)The said FWC shall comprise of the following members :-(a) a young mediator from the Mediation Centre of the district or young advocate having the practices up to five years or senior most student of Vth year, Government Law College or the State University or N.L.Us. having good academic track record and who is public spirited young man, OR(b) well acclaimed and recognized social worker of that district having clean antecedant, OR;(c) retired judicial officers residing in or nearby district, who can devote time for the object of the proceeding OR; (d) educated wives of senior judicial or administrative officers of the district.(vi)The member of the FWC shall never be called as a witness.(vii)Every complaint or application under Section 498A IPC and other allied sections mentioned above, be immediately referred to Family Welfare Committee by the concerned Magistrate. After receiving the said complaint or FIR, the Committee shall summon the contesting parties along with their four senior elderly persons to have personal interaction and would try to settle down the issue/misgivings between them within a period of two months from its lodging. The contesting parties are obliged to appear before the Committee with their four elderly persons (maximum) to have a serious deliberation between them with the aid of members of the Committee.(viii)The Committee after having proper deliberations, would prepare a vivid report and would refer to the concerned Magistrate/police authorties to whom such complaints are being lodged after expiry of two months by inserting all factual aspects and their opinion in the matter.(ix)Continue deliberation before the Committee, the police officers shall themselves to avoid any arrest or any coercive action pursuant to the applications or complaint against the named accused persons. However, the Investigating Officer shall continue to have a peripheral investigation into the matter namely preparing a medical report, injury report, the statements of witnesses.(x)The said report given by the Committee shall be under the consideration of I.O. or the Magistrate on its own merit and thereafter suitable action should be taken by them as per the provision of Code of Criminal Procedure after expiry of the "Cooling-Period" of two months.(xi)Legal Services Aid Committee shall impart such...

No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC Guidelines

Yash Mittal

Tags