SC Upholds Allahabad HC Order: No Arrest For 2 Months Following Domestic Violence Complaints Under IPC 498A

Supreme Court of India. (Photo: ANI)

In a significant development,  the Supreme Court has upheld the Allahabad High Court's guidelines regarding complaints/FIRs filed under the Domestic Violence Law (IPC 498A), which direct that accused persons should not be arrested for two months after the complaint is registered.

The Supreme Court stated that the guidelines set by the Allahabad High Court will remain effective, and the concerned departments must adhere to them.

The Allahabad High Court, in its 2022 judgment, issued these guidelines to curb the increasing trend of misuse of Section 498A, where the husband and his entire family are falsely implicated.

The key instruction in the High Court’s guidelines was that during a two-month cooling-off period after the FIR or complaint is registered, no arrest or police action will be taken against the accused. During this period, the matter will be immediately referred to the Family Welfare Committee in each district. 

In another development, the Supreme Court has directed an IPS officer to tender an unconditional public apology to her former husband and in-laws for the "physical and mental agony" caused by several false criminal cases she filed against them during their marital dispute,  according to an NDTV report.

A bench of Chief Justice BR Gavai and Justice AG Masih ordered the quashing of all ongoing cases in the matter and dissolution of the marriage, as the couple had separated in 2018. The apex court also ruled that the daughter will stay with her mother, and the husband and family can visit her.

In its verdict, the court noted that the husband spent 109 days and his father 103 days in jail due to criminal cases filed by the wife. The court held that the suffering they had to endure was irreparable and directed the officer to tender a public apology.

"The woman and her parents shall tender an unconditional apology to her husband and his family members, which shall be published in the national edition of a well-known English and a Hindi newspaper," NDT reported, quoting the judges.

The judges said that the apology must also be published and shared on Facebook, Instagram, YouTube, and other similar social media platforms within three days of the order. They clarified that this apology should not be seen as an admission of guilt and will not affect any legal rights, responsibilities, or consequences under the law.