2-month reprieve from arrest for hubby, kin in dowry case

NEW DELHI: In an important decision, Supreme Court on Tuesday adopted Allahabad HC's two-year-old guidelines directing police not to arrest a husband or his relatives for two months from the date of his wife lodging a dowry harassment case under section 498A of the IPC while asking an IPS woman officer to apologise through newspaper publications the harassment she inflicted on her estranged husband and his relatives.

A bench of CJI B R Gavai and Justice A G Masih gave this ruling while drawing up an amicable settlement between 2022-batch IPS officer Shivangi Bansal nee Goel and her husband in exercise of its exclusive powers under Article 142 of the Constitution to dissolve their marriage.

While drawing up the settlement, SC said, "The guidelines framed by Allahabad HC in impugned judgment dated June 13, 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."

SC said the apology was needed because of the cases filed by her "...the husband remained in jail for a period of 109 days and his father for 103 days, and the entire family suffered physical and mental trauma and harassment. What they have suffered cannot be resituated or compensated in any manner". However, "It shall not ever be used against Shivangi Bansal/Shivangi Goel before any court of law, administrative/regulatory/quasi-judicial body/tribunal against her interests now or in the future, " it added.