CJI B.R. Gavai, Justice Augustine George Masih, Supreme Court
Supreme Court Orders Implementation Of Allahabad High Court's "Cooling Period" Guidelines On Section 498A IPC Cases
|The Supreme Court passed such a direction while considering a transfer petition filed by a woman IPS Officer in the matrimonial proceedings.
While passing an order for dissolution of marriage of a woman IPS Officer, the Supreme Court has ordered implementation of the guidelines of the Allahabad High Court on the safeguards regarding misuse of Section 498A of the IPC. The Allahabad High Court, in its directions passed in the year 2022, has ordered that 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.
The Apex Court passed such a direction while considering a transfer petition filed by the Officer for the transfer of a case from the Principal Judge, Family Court, Rohini Court, Delhi to the Court of competent jurisdiction at Uttar Pradesh.
The Division Bench of Chief Justice Of India B. R. Gavai and Justice Augustine George Masih held, “The transfer petitions and special leave petitions are disposed of in terms of the above order. 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.”
Senior Advocate Siddharth Luthra represented the Appellant while AOR Vijendra Singh represented the Respondent.
Factual Background
The petitioner-wife and Respondent-husband were married in 2015 as per Hindu rites and customs. A daughter was born out of wedlock, who is presently 8 years old. After their marriage, the parties resided at their matrimonial home in Delhi along with the parents of the husband. Owing to matrimonial discord and several disputes arising between the parties and their family members, they separated in 2018.
The parties filed several cases/ complaints/ legal proceedings against each other and their family members before various Courts/ Authorities, out of which several cases/ complaints/ proceedings are pending. The cases pertained to various provisions under the Indian Penal Code, Protection of Women from Domestic Violence Act and Hindu Marriage Act.
Reasoning
On a perusal of the facts of the case, the Bench noted that as a result of the cases filed by the wife, the Husband remained in jail for 109 days and his father for 103 days. It was noticed that the entire family suffered physical and mental trauma and harassment.
“What they have suffered cannot be resituated or compensated in any manner”, the Bench said.
The Court directed the Appellant and her parents to tender an unconditional apology to the husband and his Family members, which shall be published in the national edition of the renowned English and one Hindi newspaper. “Such apology shall also be published and circulated on all social media platforms like Facebook, Instagram, YouTube and other similar platforms”, it said.
Thus, in terms of such directions and conditions/settlement, the Court invoked its power under Article 142 of the Constitution and ordered the dissolution of marriage between the parties. To bring an end to the protracted legal battle between the parties and to secure complete justice, the Bench quashed all pending criminal and civil litigations filed by either party against the other, including but not limited to those against the Wife, the Husband, and his family members, in any court or forum in India. Some of those were held to be withdrawn.
“The Court hereby directs that police protection shall be provided to the Husband and his family”, it further ordered. The Bench also directed that the appellant would never use her position and power as an IPS officer or any other position that she may hold in future, the position and power of her colleagues/superiors or other acquaintances anywhere in the country, against the husband, his family members and relatives by way of initiating any proceedings.
In light of such facts and circumstances, the Bench ordered the implementation of the guidelines issued by the Allahabad High Court in order to prevent misuse of section 498A. The High Court in its 2022 order says, “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.”
Explaining the importance and composition of the Family Welfare Committee in each district, the High Court has further ordered that after lodging of the complaint or the FIR, no action should take place without concluding the “Cooling-Period” of two months.
Cause Title: A v. B (Neutral Citation: 2025 INSC 883)
Appearance
Appellant: Senior Advocates Siddharth Luthra, Vikas Singh, Advocate Gaurav Jain, AOR Abha Jain, AOR Sumit Kumar, AOR Sanjeet Kumar Trivedi, Hemant Gupta, Advocates Deepika Kalia, Vasudha Singh, Sudip Chandra, AOR Sudarshan Rajan, Mahesh Kumar, Srishti Sharma
Respondent: Senior Advocate Vikas Singh, AOR Vijendra Singh, Advocates Vikas Bansal, Ramesh Thakur, Ghanshyam Singh, Harsh Pratap Shahi, Krishna Pandey, AOR Sudarshan Rajan, AOR Sanjeet Kumar Trivedi, Advocates Hemant Gupta, Deepika Kalia, Vasudha Singh, Sudeep Chandra, Sudip Chandra, AOR Sumit Kumar, AOR Akshat Srivastava