No Arrest In 498A FIRs For 2 Months; Supreme Court Endorses Family Welfare Committees To Curb Misuse
📅 Dated: July 22, 2025
📍New Delhi
In a landmark move aimed at preventing the misuse of Section 498A IPC—the provision dealing with cruelty against married women—the Hon’ble Supreme Court of India has endorsed the guidelines issued by the Allahabad High Court requiring the constitution of Family Welfare Committees (FWCs) and a 2-month cooling-off period before arrest in such cases.
The apex court observed that while genuine cases of domestic cruelty must be pursued with full force of law, mechanical arrests often result in harassment of innocent family members and can derail chances of reconciliation.
Under the endorsed guidelines:
✅ No immediate arrest shall be made upon registration of an FIR under Section 498A IPC.
✅ The matter shall be referred to a Family Welfare Committee (FWC) constituted at the district level.
✅ The Committee shall examine the case within two months and submit its report before any coercive action is taken.
✅ The Committee’s opinion shall be given due consideration by the investigating agency and the Magistrate.
🔹 Dr. Anthony Raju, Advocate Supreme Court of India and Chairman, Indian National Human Rights Protection Council, hailed the development, stating:
“These are highly timely and necessary guidelines. Section 498A, though intended to protect women, has unfortunately been misused in many instances. The Supreme Court’s endorsement of the Allahabad High Court’s practical approach balances justice with protection against misuse. It safeguards genuine victims while preventing innocent families from being dragged into criminal proceedings prematurely.”
This decision strengthens earlier directions issued in Rajesh Sharma v. State of U.P. (2017) and is expected to bring uniformity and accountability in matrimonial dispute handling nationwide.