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Rajesh Sharma & Ors. v. State of U.P. & Anr.

Criminal Appeal · 2017 INSC 683Decided 27 Jul 2017
Criminal Appeal No. 1265 of 2017
Justice Adarsh Kumar Goel · Justice Uday Umesh Lalit

Background

This order does not decide the main case. In a dowry harassment complaint, the trial court at first summoned only the husband and then, on revision, summoned his parents and siblings as well. The Court used the appeal to examine the wider question of misuse of Section 498A IPC against extended family members.

Decision Breakdown

This is not a final decision on the main case. The Court issued general directions, including referral of every Section 498A complaint to a Family Welfare Committee of the District Legal Services Authority before arrest, designated investigating officers and timelines for bail applications. It also provided for a review of these directions by the National Legal Services Authority in 2018. It did not grant or refuse the prayer to quash the summoning order against appellants 2 to 5, and left the parties free to approach the trial or other court for further orders in light of the directions.

Lesson Learnt

There is no final ruling on these appellants' own challenge to the summoning order. The order does establish that Section 498A complaints are to be screened by a Family Welfare Committee before any arrest.

Official source (sci.gov.in)View Judgment (PDF)

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