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

NEW DELHI: The Monsoon Session of Parliament is likely to be scheduled from July 18 to August 12, people aware of the details said on Tuesday.

“At the Cabinet Committee on Parliamentary Affairs chaired by Union defence minister, Rajnath Singh it was recommended that the Monsoon Session could be scheduled for this period as it coincides with both the Presidential and Vice-presidential elections,” said a person aware of the details. The upcoming session is likely to have 17 working days. While the Presidential election is scheduled for July 18, the dates for the Vice Presidential election is yet to be announced.

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

During the “cooling period”, the matter should be immediately referred to a family welfare committee (FWC) for an attempt to resolve the matrimonial dispute through mediation, it added.

“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 committee in each district,” Justice Rahul Chaturvedi said in an order on Monday. HT has seen a copy of the order.

The court also made it clear that only those matrimonial disputes would be sent to the FWC that pertains to section 498A and other sections of IPC in which the imprisonment, if found guilty, is less than 10 years, but there is no physical injury caused to the woman.

Justice Chaturvedi made these observations while hearing a petition filed by Mukesh Bansal (father-in-law), Manju Bansal (mother-in-law) and Sahib Bansal (husband) that challenged the dismissal of their discharge application by a lower court.

Bansal’s wife had lodged an FIR against him for alleged sexual assault, and her in-laws for reportedly subjecting her to cruetly. The accused had filed a discharge application in the lower court which was dismissed by the court. While the high court allowed the discharge plea of the woman’s in-laws, it rejected the husband’s petition and directed him to appear for trial before the lower court.

‘Avoid graphic details of sexual assault in FIRS’

Justice Chaturvedi also said that the practice of graphical descriptions while lodging police complaints over allegations of sexual assault and demand for dowry in marital disputes is not desirable.

“FIR is not soft porn literature where graphical description should be made,” he said.