As per the guidelines, the cases registered under Section 498-A of Indian Penal Code (IPC) are required to be referred to the Family Welfare Committee of the concerned district for settlement of the issues.
On Tuesday, the Supreme Court ordered the nationwide enforcement of the Allahabad High Court’s 2022 guidelines, which prescribe a mandatory two-month “cooling-off” period during which police are prohibited from taking any coercive measures, including arrests, in cases of matrimonial cruelty under Section 498A IPC [Shivangi Bansal v. Sahib Bansal].
As per the guidelines, such matters must be referred to the Family Welfare Committee (FWC) of the concerned district for possible resolution, and no punitive action is to be initiated by law enforcement during this time.
The Bench, comprising Chief Justice of India BR Gavai and Justice Augustine George Masih, extended the implementation of these guidelines across the entire country.
“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 top court ordered.
The guidelines formulated by the Allahabad High Court were initially based on the Supreme Court’s 2017 decision in Rajesh Sharma & Ors. v. State of UP & Anr.
However, those directions were subsequently modified and nullified by the Supreme Court in its 2018 judgment in Social Action Forum for Manav Adhikar v. Union of India, which effectively discontinued the role of Family Welfare Committees (FWCs).
With the Supreme Court’s recent decision, the directives issued by the Allahabad High Court have now been revived and are once again in force:
1. Following the registration of an FIR or complaint, no arrest or coercive measures shall be taken against the named accused for a period of two months. During this “cooling-off” period, the case must be immediately forwarded to the Family Welfare Committee (FWC) of the respective district.
2. Only those cases that meet the specified criteria shall be forwarded to the Family Welfare Committee (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.”
3.Every district shall establish one or more Family Welfare Committees (FWCs), based on its geographical size and population, under the aegis of the District Legal Services Authority (DLSA). Each committee must consist of at least three members. The District & Sessions Judge or the Principal Judge of the Family Court—acting as the Chairperson or Co-chairperson of the DLSA—shall periodically review the composition and functioning of these committees.
4. The Family Welfare Committee shall be composed of the following members:
- A young mediator from the district’s Mediation Centre, a young advocate with no more than five years of practice, or a final-year law student from a Government Law College, State University, or NLU with a strong academic background and a demonstrated commitment to public service;
- A respected and well-known social worker from the district with a clean record;
- Retired judicial officers residing within or near the district who are willing to contribute their time towards the committee’s objectives; or
- Educated spouses of senior judicial or administrative officers serving in the district.
5. Every complaint or application filed under Section 498A IPC and related provisions must be immediately referred to the Family Welfare Committee by the Magistrate concerned. Upon receiving the complaint or FIR, the FWC shall call both parties in dispute, along with four senior or elderly family members from each side, for a personal interaction. The objective is to attempt resolution of the issues or misunderstandings between the parties within a two-month timeframe from the date of filing.
6. The report submitted by the Family Welfare Committee shall be independently evaluated by the investigating officer or the Magistrate. Based on this evaluation, appropriate action may be taken under the Code of Criminal Procedure, but only after the two-month “cooling-off” period has concluded.
7. If a settlement is reached between the parties, the District & Sessions Judge, along with other senior judicial officers designated by him within the district, shall have the authority to bring the proceedings to a close, including terminating the criminal case.
The Supreme Court issued these directions while adjudicating a matrimonial dispute in which both spouses had filed multiple cases against one another. As a result of the wife’s complaints, the husband was imprisoned for 109 days, and his father for 103 days.
In a rare step, the apex court ordered the wife and her family to publish an unconditional apology in a newspaper, acknowledging the distress and harassment inflicted upon the husband and his family.
“Such apology shall also be published and circulated on all social media platforms like Facebook, Instagram, YouTube and other similar platforms. The expression of apology herein shall not be construed as an admission of liability and shall have no bearing on the legal rights, obligations, or consequences arising under law,” the Court ordered.
Taking into account the issued directions and the settlement reached between the parties, the Court exercised its powers under Article 142 of the Constitution of India to quash the criminal proceedings and formally dissolve the couple’s marriage.
