No arrest during ‘cooling period’ of 2 months after FIR under sec 498A: HC

PRAYAGRAJ : The Allahabad high court has said that after the registration of a first information report (FIR) under Section 498A (punishment for cruelty by husband and his relatives) of the Indian Penal Code (IPC), no arrest should be made before expiry of a “cooling-period” of two months.

It also said during this period, the matter should be immediately referred to Family Welfare Committee (FWC) for making an attempt to get matrimonial disputes resolved through mediation. The court also made it clear that only those matrimonial disputes would be referred to FWC which will be regarding Section 498-A IPC and other sections of the IPC in which the imprisonment is less than 10 years but there is no physical injury caused to the woman.

Justice Rahul Chaturvedi passed the order on Monday on the revision petition filed by Mukesh Bansal (father-in-law), Manju Bansal (mother-in-law) and Sahib Bansal (husband) of the complainant challenging dismissal of their discharge application by the lower court.

Sahib Bansal’s wife had lodged an FIR against her husband and in-laws alleging that they were subjecting her to cruelty and her husband was sexually assaulting her. After filing of the chargesheet against the accused, trial was going on in the lower court in which they ( the accused) had filed discharge application.

The high court allowed the discharge plea of in-laws but rejected the plea of husband and directed him to appear before lower court during the trial. Sahib Bansal will appear before lower court in which trial is going on and “contest the trial to its logical conclusion”.

“If settlement (compromise) is reached between the parties, it would be open for the district and sessions judge and other senior judicial officers nominated by him in the district to dispose of the proceedings including closing of the criminal case,” said the court.

The court directed that every district shall have at least one or more FWC comprising at least three members. It also condemned the practice of “graphical description” of allegations of sexual assaults and dowry demand while lodging of FIR in matrimonial disputes.