NEW DELHI (TIP): In an important verdict, the Supreme Court today put an end to automatic arrests in cruelty and dowry-related cases under Section 498A of IPC that has often been misused to harass innocent family members of husbands named in complaints.

A Bench headed by Justice AK Goel — which ordered setting up of one or more family welfare committees comprising three members in each district — said, “Every complaint under Section 498A received by the police or the Magistrate should be referred to and looked into by such a committee.”

The committee would interact with the parties personally or by means of telephonic/electronic communication and give a report within a month to the authority which referred the complaint to it, the Bench said, adding that the report would be on “the factual aspects and its opinion” in the matter.

“Till the report of the committee is received, no arrest should normally be effected. The report may be then considered by the Investigating Officer or the Magistrate on its own merit,” said the Bench, which also included Justice UU Lalit.

“Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today,” the Bench said. Such officers may be given training, to be completed within four months from today, it added.

The Bench also issued certain directions on how to deal with bail matters. “If a bail application is filed with at least one clear day’s notice to the Public Prosecutor/complainant, it should be decided as far as possible on the same day.

“Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/custody and interest of justice must be carefully weighed… In respect of persons ordinarily residing out of India, impounding of passports or issuance of Red Corner Notice should not be a routine.”

The Bench said: “It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the court to whom all such cases are entrusted; and personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video-conferencing without adversely affecting progress of the trial.

“These directions will not apply to the offences involving tangible physical injuries or death,” it clarified.