The Supreme Court has put an end to immediate arrest of the husband and his family members in the dowry harassment case. The division bench of the Apex Court, headed by Justice Adarsh Kumar Goel and comprising UU Lalit said yesterday complaints under Section 498A should now be referred to Family Welfare Committees- to be constituted at every district and no arrest shall be effected till the committee’s report is received.
The Bench said such report may be then considered by the investigating officer or the magistrate on its own merit.
However, these directions will not apply to the offences involving tangible physical injuries or death. The court also ruled that there will be no routine impounding of passports or issuance of Red Corner Notice for the accused NRI. The apex court also ruled Personal appearance of all family members and particularly outstation members may not be required.
The court passed the order keeping in view the fact that many a times the anti-dowry harassment law, framed in 1983 following a spate of dowry-related deaths, is allegedly misused.