Dowry cases: HC puts curbs on arrest of in-laws, relatives

Agencies

Posted: Aug 07, 2008 at 1931 hrs IST

New Delhi, August 7: Bringing hope to thousands of people allegedly harassed by married women and unscrupulous policemen through misuse of anti-dowry provisions, the Delhi High Court has said family members of a man, facing such charges, cannot be arrested without the approval of a DCP.

Ordering strict implementation of the guidelines issued by the police commissioner, Justice Kailash Gambhir said the “co-accused like relatives of husband (facing dowry harassment complaint) should be arrested only after approval of a DCP on file.”

“Arrest of main accused (husband) should be made only after thorough investigation has been conducted and with the prior approval of an ACP or DCP,” the court said.

“No case under section 498-A of IPC (Husband or relative of husband of a woman subjecting her to cruelty) should be registered without prior approval of DCP,” said Justice Gambhir.

Directing the police to scrutinise complaints filed by the wife carefully and then register the FIR, the court said the FIR should be registered if there is strong possibility of of physical or mental cruelty against the complainant woman.

In addition, the police should make all efforts for reconciliation before registration of FIR, the court said in the guidelines and women staff in Crime Against Women cell should try to persuade the women from lodging such cases with a motive to save the institution of marriage.

Besides the police, the court issued guidelines to NGOs, lawyers and trial courts saying they have a greater responsibility in this regard.

Justice Gambir issued the guidelines while hearing a joint anticipatory bail application filed by in-laws of a woman in a matrimonial dispute case lodged by their daughter-in-law. He suggested to the parties in the case to settle the issue on August 11 at 4.30 pm.

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