- In Mukesh Bansal v State of UP, the Allahabad High Court has Monday issued a few guidelines in order to prevent the misuse of Section 498A of the Indian Penal Code (IPC).
- One of the most important points that emerges from these guidelines is that after lodging an FIR under 498A IPC, no coercive action can be taken against the accused during the two-months long cooling-off period.
- Furthermore, during the cooling off period, the issues can be referred to a Family Welfare Committee (FWC).
- Section 498A IPC is a provision relating to cruelty by husband or his relatives on the victim.
- The background of this case is that an FIR was filed by the wife against her husband and in-laws, alleging that her father-in-law and brother-in-law wanted to have a physical relationship with her.
- The FIR also mentioned that the husband used to take away her phone and lock her in the bathroom and that her mother-in-law pressurized her to get an abortion.
- It was also alleged that the in-laws constantly tortured her for dowry and humiliated her on a daily basis.
- The in-laws filed a discharge application in the trial Court which was rejected and an appeal was filed in the High Court challenging this order.
- The Court observed that the contents of the FIR are straightforward and lay grave allegations against the in-laws which show the intensity of hatred that the complainant has for them.
- The Court further observed that the facts mentioned in the FIR are not substantiated by any proof and seem to be exaggerated.
- The Ld. Court also noted that the language used in the FIR is not decent and no amount of humiliation faced by the complainant can ever justify it.
- The Court noted that unmindful misuse of section 498A would lead to dangerous effects on the society and laid down 14 guidelines to safeguard the interest of the society.
- In these guidelines, the Court has directed that an arrest cannot be made in connection with section 498A during the cooling-off period which is of 2 months from the filing of FIR and that the issues would be referred to the FWC.
- Furthermore, the Court said that during the cooling-off period the matter will be reported to the Family Unit Welfare of the district.
- These guidelines contain directions for police officials and other authorities pertaining to cases falling u/s 498A IPC.
- Accordingly, the Court accepted the appeal.
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