No Arrest in 498A IPC Case For 2 Months – SC Approves Guidelines of Allahabad HC on Misuse of 498A IPC

New Delhi, July 22, 2025 — In a landmark judgment aimed at curbing the misuse of Section 498A IPC and safeguarding the rights of both parties in matrimonial disputes, the Supreme Court of India has upheld and approved the guidelines framed by the Allahabad High Court in a Judgment delivered by Justice Rahul Chaturvedi in Criminal Revision No. 1126 of 2022 , which mandates a “cooling-off period” of two months before any arrest is made in a 498A case. The ruling was delivered in the case of Shivangi Bansal vs. Sahib Bansal [Transfer Petition (C) No. 2367 of 2023] and connected matters.

The verdict was authored by Justice Augustine George Masih and concurred by Chief Justice of India B.R. Gavai.

Background of the Case

The case involved matrimonial discord between Shivangi Bansal (also referred to as Shivangi Goel) and her estranged husband Sahib Bansal. The couple married on December 5, 2015, and have a daughter born on December 23, 2016. Owing to rising conflicts, they separated on October 4, 2018.

Multiple litigations followed across Delhi and Uttar Pradesh, including criminal complaints under Section 498A IPC, domestic violence cases, maintenance petitions, and transfer petitions filed by both parties. In total, over 20 cases were listed and examined by the court.

Key Legal Issues

1. Whether criminal proceedings and arrests under Section 498A IPC can be deferred to avoid misuse of the provision.
   
2. Whether pending litigations between the parties could be quashed through mutual settlement.
   
3. Whether the Allahabad High Court’s guidelines on the constitution and functioning of Family Welfare Committees (FWC) are valid and enforceable.
   

SC’s Observations and Legal Findings

The Supreme Court extensively reviewed the Allahabad High Court’s judgment in Criminal Revision No. 1126 of 2022 and upheld its guidelines (paras 32–38) concerning procedural safeguards under Section 498A IPC.

The Court expressed concern over the rampant misuse of the provision and said that such conduct could “evaporate the traditional fragrance of our age-old institution of marriage.”

Key Guidelines Approved by SC

1. No Arrest Before 2 Months (“Cooling Period”):
   
   • No arrest or police action shall be made before the lapse of two months from the lodging of the FIR or complaint under Section 498A IPC.
     
   • During this period, the matter shall be referred to a Family Welfare Committee (FWC).
     
2. Formation of Family Welfare Committees:
   
   • Each district shall have at least one FWC established under the District Legal Services Authority.
     
   • Members include young mediators, retired judges, experienced social workers, or legal professionals.
     
   • FWC members cannot be called as witnesses.
     
3. Procedure Before Arrest:
   
   • All complaints under 498A IPC shall be sent to the FWC before any police action.
     
   • The Committee shall deliberate with both parties (along with four elder family members) and submit a report within two months.
     
4. Role of Magistrate and Police:
   
   • The Magistrate may defer coercive proceedings until the FWC report is received.
     
   • Investigating Officers must be trained in matrimonial disputes and act with “utmost sincerity and transparency.”
     
5. Settlement and Conciliation:
   
   • If a settlement is reached, the District Judge may dispose of the case.
     
   • Legal Services Authority may provide logistics and technical support to the FWC.
     
6. Directive to State Authorities:
   
   • The Registrar General of the Allahabad High Court was directed to circulate the order to all District and Sessions Judges and Police Chiefs for implementation within a month.
     

Resolution in Present Case

Represented by Senior Advocate Sidharth Luthra (for Shivangi Bansal) and Senior Advocate Vikas Singh (for Sahib Bansal), the parties informed the Supreme Court that they had amicably resolved all disputes, including custody and property issues.

The Court passed the following consequential orders:

• Custody of the minor child Ms. Raina granted to the mother; father granted supervised visitation rights.
  
• All criminal and civil proceedings between the parties quashed.
  
• Wife agreed to forego alimony and maintenance.
  
• An apology by Shivangi Bansal to be published in national newspapers and social media, without admission of liability.
  
• Property of the wife’s mother transferred to the husband.
  
• Both parties barred from filing future litigation against each other.
  

The Court invoked its power under Article 142 of the Constitution to dissolve the marriage and direct compliance with all terms of settlement.

Case Title: Shivangi Bansal vs. Sahib Bansal

Citation: 2025 INSC 883

Bench: CJI B.R. Gavai and Justice Augustine George Masih

Date of Judgment: July 22, 2025

High Court Guidelines Affirmed: Allahabad HC Judgment dated June 13, 2022 (Criminal Revision No. 1126 of 2022)