No Arrest in 498A IPC Case For 2 Months – SC Approves Guidelines of Allahabad HC on Misuse of 498…

No Arrest in 498A IPC Case For 2 Months – SC Approves Guidelines of Allahabad HC on Misuse of 498A IPC.

In a landmark judgment aimed at curbing the misuse of Section 498A IPC and safeguarding the rights of both parties in matrimonial disputes, the Supreme Court of India has upheld and approved the guidelines framed by the Allahabad High Court in a Judgment delivered by Justice Rahul Chaturvedi in Criminal Revision No. 1126 of 2022 , which mandates a “cooling-off period” of two months before any arrest is made in a 498A case. The ruling was delivered in the case of Shivangi Bansal vs. Sahib Bansal [Transfer Petition (C) No. 2367 of 2023] and connected matters.

The verdict was authored by Justice Augustine George Masih and concurred by Chief Justice of India B.R. Gavai.

Multiple litigations followed across Delhi and Uttar Pradesh, including criminal complaints under Section 498A IPC, domestic violence cases, maintenance petitions, and transfer petitions filed by both parties. In total, over 20 cases were listed and examined by the court.

Key Legal Issues:-

* Whether criminal proceedings and arrests under Section 498A IPC can be deferred to avoid misuse of the provision.

* Whether pending litigations between the parties could be quashed through mutual settlement.

* Whether the Allahabad High Court’s guidelines on the constitution and functioning of Family Welfare Committees (FWC) are valid and enforceable.

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