Allahabad High Court pointed out precautions to prevent the abuse of IPC Section 498A. The court dismissed the husband’s parents’ allegations while overturning the trial court’s decision on the husband’s parents and withdrawing their charges. According to FIR submitted through the wife, she claimed that her husband, his parents, and close relatives demanded additional dowry, and her father-in-law and brother-in-law wanted sexual favour. She also claimed to have been abused and pressured to abort her baby.

The courts after taking into account the circumstances and allegations of abuse in this Section 498 AIPC Act, the Court, guided by the judgment of the Hon’ble the Apex Court, proposed safeguards. The Social Action Forum for the Manav Adikar vs. UOI.

 Therefore, the court instructed to:

  • No arrest or police action shall be taken to arrest the nominated suspect after filing the FIR or complaint until the “cooling period” of two months from the filing of the FIR or complaint has been completed. During this “cooling period”, issues are immediately escalated to the Family Welfare Committee of the District.
  •  FWC face a case where complaint under sec 498A along with offence under IPC punishable with less than 10 years of imprisonment and shows no injury under section 307.
  •  Each district requires at least one FWC consisting of at least three members. Its function is regularly reviewed by the district’s family court and session judges / High Court justices.
  • The said FWC shall consist:-

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 Or well recognized social worker of that district having clean antecedent, or retired judicial officers residing in or nearby district OR educated wives of senior judicial or administrative officers of the district.

  • The member of the FWC shall never be called a witness. 
  • 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 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 to have a serious deliberation between them with the aid of members of the Committee.
  • The Commission, after thorough deliberation, prepares the report, and two months later, contacts the relevant judge/police authority on which such complaint was filed and everything on the matter. Fill in the facts and opinions of…..
  • Continue deliberation by the Commission and the police officers themselves must avoid arrest or coercion based on the application or report of the nominated suspect. However, investigators are said to be continuing to investigate the surrounding area, including preparing medical reports, injury reports, and witness statements.
  • The Commission’s report will be prepared by I.O. Alternatively, the court must take the initiative and then take appropriate action in accordance with the provisions of the Code of Criminal Procedure after the expiration of the two-month cooling period.
  • The Legal Support Committee shall occasionally (not more than a week) provide basic training deemed necessary to members of the Family Welfare Committee.
  • at the basic minimum rates set by the district and hearing judge in each district.
  • Investigation of such FIR or complaints, including Section 498A IPC and other relevant sections above,  is at least professional training  to handle and investigate such marriage cases with the utmost care. It will be investigated by a dynamic investigator whose integrity will be proven.
  • If an agreement is reached between th parties,  the district and the hearing judge, as well as other senior judicial authorities appointed by him within the district, are free to resolve the proceedings, including the dismissal of the CRPC.

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