DELHI | 23RD JULY 2025 – In a landmark order, the Supreme Court of India on Tuesday directed the nationwide implementation of the Allahabad High Court’s 2022 guidelines aimed at preventing the misuse of Section 498A of the Indian Penal Code (IPC)—which deals with cruelty to a woman by her husband or his relatives.
These guidelines introduce a two-month “cooling-period” during which no coercive police action (including arrests) shall be taken after the registration of an FIR.
KEY SUPREME COURT DIRECTIVE
The Bench of Chief Justice of India (CJI) BR Gavai and Justice Augustine George Masih passed the following order:
“The guidelines framed by the High Court of Allahabad in the impugned judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 vide paras 32 to 38, with regard to ‘Constitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities.”
GUIDELINES ISSUED BY ALLAHABAD HIGH COURT IN 2022
The Allahabad High Court’s guidelines—based on the Rajesh Sharma & Ors vs State of UP (2017) judgment—had been modified and withdrawn in 2018 through the Social Action Forum for Manav Adhikar Vs. Union of India ruling. However, the Supreme Court has now revived and reinstated them through this latest decision.
COOLING-PERIOD AND ROLE OF FAMILY WELFARE COMMITTEES (FWCS)
KEY PROVISIONS OF THE REVIVED GUIDELINES:
NO ARREST OR POLICE ACTION DURING COOLING-PERIOD
“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.”
MANDATORY REFERRAL TO FAMILY WELFARE COMMITTEE (FWC)
“During this ‘cooling-period’, the matter would be immediately referred to the FWC in each district.”
SCOPE OF REFERRAL
“Only those cases would be transmitted to FWC in which Section 498A IPC is invoked along with no injury under Section 307 and other IPC sections in which the imprisonment is less than 10 years.”
CONSTITUTION OF FWCS
Each district must have at least one FWC, constituted under the District Legal Services Authority, comprising three members. The committee may include:
Young mediators or law students with strong academic backgrounds
Recognized social workers with clean records
Retired judicial officers
Educated spouses of senior judicial or administrative officers
Functioning of FWCs
“Every complaint or application under Section 498A IPC…should be immediately referred to the FWC by the concerned Magistrate. The FWC shall summon the contesting parties along with their four senior elderly persons…to try to settle down the issue within a period of two months.”
FWC REPORT AND FURTHER ACTION
“The report given by the FWC shall be under the consideration of the investigating officer or the Magistrate on its own merit and thereafter, suitable action should be taken…after expiry of the ‘cooling-period’ of two months.”
SETTLEMENT AND CASE DISPOSAL
“When settlement is reached between the parties, it would be open for the District & Sessions Judge and other senior judicial officers nominated by him in the district to dispose of the proceedings including closing of the criminal case.”
SUPREME COURT JUDGMENT ARISING FROM MATRIMONIAL DISPUTE
The apex court issued the direction while adjudicating a matrimonial dispute case, in which a woman—an IPS officer—filed multiple criminal cases against her husband and his family. As a result:
The husband was jailed for 109 days
The father-in-law was jailed for 103 days
SUPREME COURT ORDERS PUBLIC APOLOGY BY WIFE AND HER FAMILY
In a rare move, the top court directed the wife and her family to issue a public apology for the trauma inflicted on the husband and his family:
“Such apology shall also be published and circulated on all social media platforms like Facebook, Instagram, YouTube and other similar platforms. The expression of apology herein shall not be construed as an admission of liability and shall have no bearing on the legal rights, obligations, or consequences arising under law.”
MARRIAGE DISSOLVED AND CASES QUASHED UNDER ARTICLE 142
Considering the mutual settlement, the Supreme Court:
Quashed all criminal proceedings between the parties
Dissolved the marriage by exercising its plenary powers under Article 142 of the Constitution of India
