[2017] 9 S.C.R. 529 RAJESH SHARMA & ORS. A v. STATE OF U.P. & ANR. (Crimina!Appeal No. 1265 of2017) JULY27,2017 B IADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.I Penal Code, 1860: s. 498A - Abuse of- Remedy - Held: Object of s.498A was to punish the crnelty at the handy of husband and his relatives - Large c number of cases are .filed under !his section - Bui most of such complaints are filed in the heat of the moment over trivial issues -Many of such complaints are not bona fide - Uncalled far arrest pursuant thereto may ruin the chances .of settlement - The matter has been considered by Law Commission, Malimath Committee, The D Committee of Petitions in Rajya Sabha and the Home Minist1y -The abuse of the provision was noticed by Supreme Court in many judgments - Many High Courts issued directions to check such abuse - Uncalled for implication of husband and his relatives and their arrest and continuation of proceedings in spite of settlement E between parties, require remedictl steps ~ To remedy the situation, Investigating Officers and trial courts should be sensitized, civil . society should also be involved in the aido.f administration ofjustice and in case of genuine settlement, closure of the proceedings should be facilitated - Directions issued in this respect - Direction lo National Legal Services Authority to give a report, after seeing the F working .of arrangement as per the above directions. Issuing directions, the Court

HELD: 1. Section 498A IPC was inserted in the statute · with the laudable object of punishing crue.lty at the hands of G . husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as . mentioned in the Statement of Objects and Reasons _of the Ac~ 46 of 1983. The expression 'cruelty' in Section 498A covers conduct which may drive the women to,.commit suicide or cause H 529 530 SUPREME COURT REPORTS [2017] 9 S.C.R. A grave injury (mental or physical) or danger to life or harassment with a view to coerce her to meet unlawful demand. [Para 141. 1539-E-Ii'J

2. It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment B of married women. This Court had earlier noticed the fact that most of such complaints are flied in the heat of the moment over trivial issues. Many of such complaints are not bona fide. At the time of filing of the complaint, implication~ and conse<1uences are not visualized. At times such complaints lead to uncalled for c harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement. This Court had earlier observed that a serious review of the provision was warranted. The matter also appears to have been considered by the Law Commission, the Malimath Committee, the Committee on Petitions in the Rajya Sabha, the Home Ministry. The abuse D of the provision was also noted in the judgments of this Court. Some High Courts have issued directions to ched; such abuse. Recommendation has also been made by the Law Commission to make the offence compoundable. (Para 141 (539-F-H; 540-A-Cf E 3. Following areas appear to require remedial steps: i) Uncalled for implication of husband and his relatives and arrest; ii) Continuation of proceedings in spite of settlement between the parties since the offence is non-compoundable and uncalled for hardship to parties on that account. !Para 151 (540-C-D( F

4. Function of this Court is not to legislate but only to interpret the law. No doubt in doing so laying down of norms is sometimes unavoidable. Just and fair procedure being part of fundamental right to life, interpretation is required to be placed G on a penal provision so that its working is not unjust, unfair or unreasonable. The court has in~idental power to quash even a non~cQmpoundable case of private nature, if continuing the proceedings is found to be oppressive. While stifling a legitimate prosecution is against public policy, if the proceedings in an offence of private nature are found to be oppressive, power of H quashing is exercised. [Para 161 [540-D-FI " RAJESH SHARMA & ORS. v. STATE OF U.P. & ANR. 531 5. To remedy the situation, involvement of civil society in A the aid of administration of justice caii be one of the steps, apart from the investigating officers and the concerned trial courts. being sensitized. It is also necessary to facilitate closure of proceedings where a genuine settlement has been reached instead of parties being required to move High Court only for that purpose. The B Court issues directions in this respect. [Paras 18 and 191 [541-C-DJ 6. After seeing the working of the arrangement as per the directions, for six months, but latest by March 31, 2018, National Legal Services Authority may give a report about need for any change in above directions or for any further directions. [Para c 201 1543-CI

Sahara India Real Estate Corporation Limited v. Securities and Exchange Board of India (2012) 10 SCC 603 : (2012J 12 SCR 256; SCBA v. Union of India (1998) 4 SCC 409 : 11998) 2 SCR 795; Union of India v. D Raghubir Singh (d) by Lrs. (1989) 2 SCC 754 : (1989) 3 SCR 316; Dayaram v. Sudhir Batham (2012) 1 SCC 333 : (2011) 15. SCR 1092; State of Punjab v. Dalbir. Singh (2012) 3 SCC 346 : 120121 4 SCR 608; Hema .. Mishra vs.. Staet of U.P. and Ors. [2014) l SCR 465 : E 2014 (4) SCC 453; Gian Singh v. State of Punjab (2012) 10 SCC 303 : (2012] 8 SCR 753; CBI ACB Mumbai vs Narendra Lal Jain & Ors. [2014( 3 SCR 444 : 2014 (5) sec 364 - relied on. Sushil Kumar Sharma v. Union of India (2005) 6 SCC 281: (200511 Suppl. SCR 730; Preeti Gupta v. State of F Jharkhand (2010) 7 SCC 667: [20101 9 SCR 1168; Ramgopal v. State of Madhya Pradesh (2010) 13 SCC 540 : [2010) 9 SCR 354; Savitri Devi v. Ramesh Chand ILR (2003) I Delhi 484; Chander Bhan v. State (2008) 151 DLT 691; Arnesh Kumar v. State of Bihar (2014) G 8 SCC 273 : 120141 8 SCR 128; Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1 : (20131 14 SCE. 713 - referred to. 243'"'1 Law Commission Report (August, 2012), 140'h Report of the Rajya Sabha Committee on Petition (.September, 20Il) - referred· to. H 532 SUPREME COURT REPORTS [2017] 9 S.C.R. A Case Law Reference [20051 1 Suppl. SCR 730 referred to Paras (20101 9 SCR 116S referred to Paras B [20101 9 SCR 354 referred to Paras

ILR (2003) I Delhi 4S4 referred to Paras (200S) 151 DLT 691 referred to Para 9 C [20141 S SCR12S referred to Para 10 [20131 14 SCR 713 referred to Para 11 [20121 12 SCR 256 relied on Para 16 (199SI 2 SCR 795 relied on Para 16 D [19S91 3 SCR 316 relied on Para 16 [20111 15 SCR 1092 relied on Para 16 120121 4 SCR 608 relied on Para 16 [20141 1 SCR 465 relied on Para 16 E 120121 S SCR 753 relied on Para 16 [20141 3 SCR 444 relied on Para 16 F CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1265 of2017. From the Judgment and Order dated 18.01.2017 of the High Court of Judicature at Allahabad in Application under Section 482 No. 397 of 2016. G Atmaram S. Nadkami, ASG, V. Giri, Sr. Adv. (AC), Ms. Uttara Babbar, Ms. Pragya Baghel, Ms. Svadha Shanker, Mahesh Srivastava, Pankaj Srivastava, P. N. Puri, P. K. Dey, S. A. Haseeb, Santosh Rebello, Ms. Sneha Prabhu T., Ms. Nivedita, Ajith Yadav, 8. K: Prasad, Vaibhav Manu Srivastava, Shringarika Priyadarshini, Advs. for the appearing H parties. RAJESH SHARMA & ORS. v. STATE OF U.P. & ANR. 533 The Judgment of the Court was delivered by A ADARSH KUMAR GOEL, J. I. Leave granted.

2. The question which has arisen in this appeal i~ whether any directions are called for to prevent the misuse of Section 498A, as acknowledged in certain studies and decisions. The Court requested ShriA.S. Nadkami, leamedASG and Shri V.V. Giri, learned senior counsel · B to assist the Court as amicus. We place on record our gratitude for the assistance rendered by learned ASG Shri Nadkarni and learned senior counsel Shri Giri who in turn was ably assisted by advocates Ms. Uttara Babbar, Ms. Pragya Baghel and Ms. Svadha Shimker. 3. Proceedings have arisen from complaint dated 2"" December, c 2013 filed by respondentNo.2 wife of appellant No. I. Appellants 2 to 5 are the patents and siblings of appellant No.1. The complainant alleged that she was married to appellant No. I on 28"' November, 2012. Her father gave dowry as per his capacity but the appellants were not happy with the extent of the dowry. They started abusing the complainant. D They made a demand of dowry of Rs.3,00,000/- and a car which the family could not arrange. On 10 11' November, 2013, appellant No.1 dropped the complainant at her matrimonial home. She was pregnant · and suffered pain in the process and her pregnancy was terniinated. On the said version, and further version that her stridhan was retained, appellant No. l was summoned under. Section 498A and Section 323 E IPC. Appellants 2 to 5 were not summoned. Order dated 14'h July, 2014 read as follows:

"After perusal of the file and the document brought on record. It is clear that the husband Shri Rajesh Sharma demanded car and three lacs rupees and in not meeting the demand. It F appears that he has tortured the complainant. So far as torture and retaining of the stri dhan and demanding 50,000 and a gold chain and in not meeting the demand the torture is C1ttributable against Shri Rajesh Sharma, Rajesh Sharma appears to be main accused. In the circumstances, rest of the . G accused Vijay Sharma. Ja;:wati Sharma, Praveen Sharma and Priyanka Sharma have not committed any crime and they have not participated in commission of t1ie crime. ·whereas, it appears that. Rajesh Sharma has committed an o.ffence under Section 498A. 323 !PC and read with section 3 I 4 DP act H 534 SUPREME COURT REPORTS [2017] 9 S.C.R. A appears to have prima .fi1cie made out. Therefore, a summon be issued against him. "

4. Against the above order, respondent No.2 preferred a revision petition and submitted that appellants 2 to 5 should also have been summoned. The said petition was accepted by the Additional Sessions B Judge, Jaunpur vide order dated 3n1 July, 2015. The trial'court was directed to take a fresh decision in the matter. Thereafter, the trial court vide order dated 18'h August, 2015 summoned appellants 2 to 5 also. The appellants approached the High Court under Section 482 CrPC against the order of summoning. Though the matter was referred to the mediation centre, the mediation failed. Thereafter, the High Court found C no ground to interfere with the order of summoning and dismissed the petition. Hence this appeal.

5. Main contention raised in support of this appeal is that there is need to check the tendency to rope in all family members to settle a matrimonial dispute. Omnibus allegations against all relatives of the D husband cannot be taken at face value when in normal course it may only be the husband or at best his parents who may be accused of demanding dowry or causing cmelty. To check abuse of over implication, clear supporting material is needed to proceed against other relatives of a husband. It is stated that respondent No.2 her~elf left the matrimonial E home. Appellant No.2, father ofappellant No. l, is a retired government employee. Appellant No.3 is a house wife. Appellant No.4 is unmarried brother and appellant No.5 is unmarried sister who is a government employee. Appellants 2 to 5 had no interest in making any demand of dowry. F 6. Learned counsel for respondent No.2 supported the impugned order and the ave1ments in the complaint.

7. Learned ASG submitted that Section 498A was enacted to check unconscionable demands by greedy husbands and their families which at times result in cmelty to women and also suicides. He, however, G accepted that there is a growing tendency to abuse the said provision to rope in all the relatives including parents ofadvanced age, minor children, siblings, grand-parents and uncles on the strength of vague and exaggerated allegations without there being any verifiable evidence of physical or mental harm or injmy. At times, this results in harassment and even arrest of innocent family members, including women and senior H RAJESH SHARMA' & ORS. v. STATE OF U.P. &ANR. 535 {ADARSH KUMAR GOEL, J.] citizens, This may1hamper any possible reconciliation and reunion of a A couple. Reference has been made to the statistics from the Crime Records Bureau (CRB) as follows: "9. That according to Reports of National Crime Reco'r:d Bureau in 2005, j{Jr a total 58, 319 casc.1· reported under Section 498A lPC, a total of 1,27.560 people were arrested, B and 6.141 cases were declared false on account of mistake of fact or law. While in 2009 (or a total 89.546 cases reported. a total of I. 74;395 people were arrested and 8.352 . cases were declared false on account of mistake of fact or . law. C,

j 0. That according to Report of Crime in India, 2012 Statistics, .. National Crime Records Bureau, Ministry of Home ~/fairs showed that for the year of 20I2, a total of I97,762 people · all across India were arrested under Section 498A, Indian · Penal Code. The Report further shows that approximately a quarter of those arrested were women that is 47,951 of the .D total were perhaps moiher or sisters of the husband. However most swprisingly the rate of charge-sheet filing for the year 2012, under Section 498A !PC was at an exponential height of 93. 6% while the conviction rate was at a staggering low at 14. 4% only. The Report stated that as many as 3, 72, 706 cases . · E were pending trial of Which 3, 17, 000 were projected to be acquitted. 11. That according to Report of Crime in India, 20 I 3, the . National Crime Records Bureau further pointed out that of 4,66,079 cases that were pending in the startof 20I3, only F .J,258 were convicted while 38,I65 were acquitted and 8,218 were withdrawn. Tl1e conviction rate of cases regisfered urider Section 498A JPC was also a staggering low at. 15.6%. '·' 8. Referring to Sushi{ Kumar Sharma versus Unio11 of ll1dia1, Preeti Gupta versus State of JharkltantP, Ramgopal versus State .of G . Madhya Pradesh3, Savitri Devi versus Ramesh Clrand4, it was) / 1 (2005) 6 sec 281 \ ' (201 op sec 667 3 (2010) l3SCC 540 4 !LR (2003) I. Delhi 484 H) 536 SUPREME COURT REPORTS [2017] 9 S.C.R.

A submitted that misuse of the provision is judicially acknowledged and there is need to adopt measures to prevent such misuse. The Madras High Court in M.P. No.I of2008 in Cr. 0.P. No.1089 of2008 dated 4'h August, 2008 directed issuance of following guidelines: "It must also be borne in mind that the object behind the B enactment of Section 498-A !PC and the Dowry Prohibition Act is to check and curb the menace of dowry and at the same time, to save the matrimonial homes from destruction. Our experience shows that, apart ji·om the husband, all.family members are implicated and dragged to the police stations. Though arrest of those persons is not at all necessary, in a number of cases, such harassment is made simp(v to sati.~(v the ego and anger of the complainant. By suitably dealing with such matters, the injury to innocents could be avoided to a considerable extent by the Magistrates, but. !f the Magistrates themselves accede to the bare requests of the D police without examining the actual state of affairs, ii would create negative effects thereby, the very purpose of the legislation would be defeated and the doors of conciliation would be closed forever. The husband and his family members may have difference of opinion in the dispute, for which, arrest and judicial remand are not the answers. The ultimate object E of every legal system is to punish the guilty and protect the innocents. "

9. Delhi High Court vide order dated 4'h August, 2008 in Ch"nder Bhan versus State! in Bail Application No.1627/2008 directed issuance of following guidelines : F "2. Police Authorities: (a) Pursuant to directions given by the Apex Court, the Commissioner of Police, Delhi vide Standing Order No.3301 2007 had already issued guidelines for arrest in the dowry cases registered under Sections 498-A/406 !PC and the said G guidelines should be followed by the Delhi Police strictly a11d scrupulously. (i) No case under Section 498-A/406 /PC should be registered without the prior approval of DCP/Addl.DCP. '(2008) 151 DLT 691 H RAJESH SHARMA & ORS. v. STATE OF U.P. & ANR. 537 {ADARSH KUMAR GOEL, .1.] (ii) Arrest of main accused should be made only after thorough A investigation has been conducted and with the prior approval of the ACP/DCP (iii) Arrest of the collateral accused such as father-in-lav.-; mother-in-law, brother-in-law or sister-.in-/a;v etc. should onZv be made after prior approval of DCP on file. B (b) Police should also depute a well trained and a well behaved staff in all the crime· against women cells especially the lady officers, all well equipped with the abilities of perseverance, persuasion, patience and forbearance. c (c) FIR in such cases should not be registered in a routine manne1: (d) The endavour of the Police should be to scrutinize complaints ve1y care.fully and then register FIR .

. (e) The FIR should be registered only against those persons D against whom there are strong allegations of causing any kind of physical or mental cruelty as well as breach ·of trust. (f) All possible efforts should be mcide, before recommending registration of any FIR, for reconciliation and in case itis .found that there is no possibility of settlement,· then necessmy E steps in the first instance be taken to ensure return ofstridhan · and dowry. articles etc. by the accused party to th.e / complainant. " l 0. In Arnesh Kmf!ar versus State of Bilrar6, this Court directed -~~: F "11.J All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy them,i·elves about the \. necessity for arrest under the parameters laid down above .flowing from Section 41, Cr.PC; G t 11.2 All police officers be provided with a check list' ' containing specified sub-clauses under Section 4/(J)(b)(ii): "(2014) s sec 213\ H ' 538 SUPREME COURT REPORTS [2017] 9 S.C.R. A Jl.3 The police officer shall forward the check list duly filed and fi1rnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for fi1rther detention:

Ji .4 The Magistrate while authorizing detention of the B accused shall peruse the report fi1rnished by the police ojjicer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention: 11.5 The decision not to arrest an accused, be forwarded to the Magistrate within two week.~ from t/ze date of the institllfion c of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district/or the reasons to be recorded in wl·iting; 11 .6 Ngtice of appearance in terms of Section 41A of Cr.PC be seri1ed on the accused within two weeks from the dale of institution of the case, which may be extended by the D Superintendent of Police 4 the District for the reasons to be recorded in writing: 11.7 Failure to comply with the directions q/oresaid :;hall apart ji·om rendering the police ojjlcers concerned liable for departmental action, they shall also be liable to be punished E for contempt of court to be instituted before High Court having territorial jurisdiction. il.8 Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable .for departmental action by the appropriate High Court."

F 11. LeamedASG suggested that there must be some preliminaiy inquiry on the lines ofobservations inLa/itaK11mari versus Government of Uttar Prades/1 7. Arrest of a relative .other than husband could only be after pennission from the concerned Magistrate. There should be no arrest of relatives aged above 70 years, Power of the.police to straight G away arrest must be prohibited. While granting permission, the court must ascertain that there is prima facie material of the accused having done some overt and covert act. The offence should be made· compoundable and bailable. The role of each accused must be specified in the complaint and the complaint must be accompanied by a signed 1 (20I4J 2 sec 1 H RAJESH SHARMA & ORS. v. STATE OF U.P. & ANR. 539 {ADARSH KUMAR GOEL, J.) affidavit. The copy of the preliminary enquiry report should be furnished A to the accused.

12. Shri V. Giri, learned senior counsel assisted by advocates Ms. Uttara Babbar, Ms. Pragya Baghel and Ms. Svadha Shanker submitted that arrest in an offence under Section 498A should be only after recording reasons and express approval from t.he Superintendent of Police. B In respect of relatives who are ordinarily residing outside India, the matter · should proceed only if,the IO is convinced that arrest is necessary for fair investigation. ,Jn sbch cases .impouriding of passport or issuance of red comer notice.should be avoided. Proc,>edure u~<:\er Section 14 of the Protection of Won1en from Domestic Violence Act, 2005, of counseling should be mad~ i;ri'andatory before registration of a case under Section C ~~. I . 13. We have given serious consideration to the rival submissions as well as suggestions made by learned ASG and Shri V. Giri, Senior Advocate assisted by Advocates Ms. Uttara Bab bar, Ms. Pragya Baghel and Ms. Svadha Shanker. We have also perused 243'd Law Commission D Report (August, 2012), 140'h Report of the Rajya Sabha Committee on Petition (September, 2011) as well as several decisions to which our attention has been invited.

14. Section 498A was inserted in the statl\te with the laudable object of punishing cruelty at the hands of husband or his relatives against E . a wife pai1icularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the Statement of Objects and Reasons of the Act 46 of 1983. The expression 'cruelty' in Section 498A covers conduct which may drive the women to commit suicide or cause grave injury (mental or physical) or danger to life or harassment F with a view to coerce her to meet unlawful demand.8 It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women. We have already referred to some of the statistics from the Crime Records Bureau. This Court had earlier noticed the fact that most of such complaints are filed · in the heat of the moment over trivial issues. Many of such complaints G are not bona fide. At the time offilip.g of the complaint, implications and consequences are not visualized. At times such complaints lead to uncalled for harassment not only to the accused but also to the 'Explanation to Section 498A H 540 SUPREME COURT REPORTS [2017] 9 S.C.R.

A complainant. Uncalled for arrest may ruin the chances of settlement. This Court had earlier observed that a serious review of the provision was warranted9• The matter also appears to have been considered by the Law Commission, the Malimath Committee, tbe Committee on Petitions in the Rajya Sabha, the Home Ministry, which have been referred to in the earlier part of the Judgment. The abuse of the provision was B also noted in the judgments of this Court referred to earlier. Some High Courts have issued directions to check such abuse. In Arnesh Kumar (supra) this Court gave directions to safeguard uncalled for arrests. Reconm1endation has also been made by the Law Commission to make the offence compoundable. c 15. Following areas appear to require remedial steps:- i) Uncalled for implication of husband and his relatives and arrest. ii) Continuation of proceedings in spite of settlement between the parties .since the offence is non-compoundable and D uncalled for hardship to parties on that account. '

16. Function of this Court is not to legislate but only to interpret the law. No doubt in doing so laying down of norms is sometimes unavoidable. to Just and fair procedure being part of fundamental right to life, 11 interpretation is required to be placed on a penal provision so E that its working is not unjust, unfair or tmreasonablc. The court has incidental power to quas]l. even a non-compoundable case of private nature, if continuing the. proceedings is fmmd to be oppressive. 12 Whilt; stifling a legitimate prosecution is against public policy, if the proceedings in an offence of private nature are found to be oppressive, power of quashing is exercised. F 17. We have considered the background of the issue and also taken into account the 243'd Report of the Law Commission dated 9 Precti Gupta (supra) '"Sahara India Real Estate Corporation Limited v. Securities and Exdrnngc Board of G india (20 I2) IO SCC 603- para 52, SCBA v. Union of India (I 99&) 4 sec 409- para 47. Union of India vs. Raghubir Singh (d) by Lrs. ( 1989) 2 sec 754- para 7. Dayaram vs. Sudhir Batham (2012) I sec 333 I' State of Punjab vs. Dalbir Singh (2012) 3 SCC 346- para 46,52 & 85, (2014) 4 sec 453- para-2 I "Gian Singh vs. State of Punjab (20I 2) IO SCC 303- para-6I, (20 I4) 5 SCC 364-para -I4 H RAJESH SHARMA & ORS. v. STATE OF U.P, & ANR. 541 {ADARSH KUMAR GOEL, J.]

130'11 August, 2012, 140° Report of the Rajya Sabha Committee on A Petiti.ons (September, 2011) and. earlier decisions of this Court.. We are conscious of the object for which the provision was brought into the statute. At the same time, violation of human rights of innocent cannot be brushed aside. Certain safeguards against uncalled for arrest or insensitive investigation have been addressed by this Court. Still, the B problem continues to a great extent. 18. To remedy the situation, we are ~fthe view that involvement of civil society in the aid of administration ofjustice can be one of the steps, apart from the investigating officers and the concerned trial courts being sensitized. It is also necessa1y to facilitate c!.osure of proceedings C where a genuine settlement has been reached instead of parties being required to move High Court only for that purpose. 19. Thus, after careful consideration of the whole issue, we consider it fit to give following directions:- i) (a)In eyery district one or more.Family Welfare Committees be D constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least · once in a year by the District and Sessions Judge of the district who is also the Chainnan of the District Legal Services Authority. E

(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing. (c) The Committee members will not be c.alled as witnesses. (d) Every complaint under Sectiori 498A received by the police F i or the Magistrate be referred to and looked into by such committee. ' Such committee may have interaction with the ·parties personally . or by means of telephone or any other mode of communication including electronic communication. · (e) Report of such committee be given to th~ Authority by whom G the complaint is refen:ed to it latest within one month from the date ofreceipt of complaint. (f) The committee may give its brief report about the factual aspects and its opinion in the matter. H 542 SUPREME COURT REPORTS (2017] 9 S.C.R. A (g) Till report of the committee is received, no arrest should normally be effected. (h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit. (i) Members of the committee may be given such basic minimum B training as may be considered necessary by the Legal Services Authority from time to time. (j) The Members of the committee may be given such honorarium as may be considered viable. (k) lt will be open to the District and Sessions Judge to utilize the c cost fund wherever considered necessary and proper.

ii) 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. Such designated officer may be required to undergo training D for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today; iii) In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer E nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord; iv} !fa bail application is filed with at least one clear day's notice to the Public Prosecutor/complainant, the same may be decided as F 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; G v) In respect of persons ordinarily residing out oflndia impounding of passports or issuance of Red Corner Notice should not be a routine;

vi) It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases H RAJESH SHARMA & ORS. v. STATE OF U.P. & ANR. 543 {ADARSH KUMAR GOEL, J.] between the parties arising out of matrimonial disputes so that a A holistic view is taken by the Court to whom all such cases are entrusted; and vii) Personal appearance of all family members and particularly outstation members may not be required and the tri~}_ court ought to grant exemption from personal appearance or permit appearance B by video conferencing without adversely affecting progress of the trial. viii) These directions will not apply to the ciffe11ces involving tangible physical injuries or death. 'J 20. After seeing the working of the above arrangement for six C months but latest by March 31, 2018, National Legal Services Authority may give a report about need for any change in above directions or for any further directions. The matter may be listed for consideration by the Court in April, 2018. 21. Copies of this order be sent to Natipnal Legal Services . D Authority, Director General of Police of all the States and the Registrars of all the High Courts for further appropriate action. 22. It will be open to the parties in the present case to approach the concerned trial or other comi for further orders in the light of the above directions. E Kalpana K. Tripathy DircCtions issued.

[2017] 9 S.C.R. 529 RAJESH SHARMA & ORS. A v. STATE OF U.P. & ANR. (Crimina!Appeal No. 1265 of2017) JULY27,2017 B IADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.I Penal Code, 1860: s. 498A - Abuse of- Remedy - Held: Object of s.498A was to punish the crnelty at the handy of husband and his relatives - Large c number of cases are .filed under !his section - Bui most of such complaints are filed in the heat of the moment over trivial issues -Many of such complaints are not bona fide - Uncalled far arrest pursuant thereto may ruin the chances .of settlement - The matter has been considered by Law Commission, Malimath Committee, The D Committee of Petitions in Rajya Sabha and the Home Minist1y -The abuse of the provision was noticed by Supreme Court in many judgments - Many High Courts issued directions to check such abuse - Uncalled for implication of husband and his relatives and their arrest and continuation of proceedings in spite of settlement E between parties, require remedictl steps ~ To remedy the situation, Investigating Officers and trial courts should be sensitized, civil . society should also be involved in the aido.f administration ofjustice and in case of genuine settlement, closure of the proceedings should be facilitated - Directions issued in this respect - Direction lo National Legal Services Authority to give a report, after seeing the F working .of arrangement as per the above directions. Issuing directions, the Court

HELD: 1. Section 498A IPC was inserted in the statute · with the laudable object of punishing crue.lty at the hands of G . husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as . mentioned in the Statement of Objects and Reasons _of the Ac~ 46 of 1983. The expression 'cruelty' in Section 498A covers conduct which may drive the women to,.commit suicide or cause H 529 530 SUPREME COURT REPORTS [2017] 9 S.C.R. A grave injury (mental or physical) or danger to life or harassment with a view to coerce her to meet unlawful demand. [Para 141. 1539-E-Ii'J

2. It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment B of married women. This Court had earlier noticed the fact that most of such complaints are flied in the heat of the moment over trivial issues. Many of such complaints are not bona fide. At the time of filing of the complaint, implication~ and conse<1uences are not visualized. At times such complaints lead to uncalled for c harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement. This Court had earlier observed that a serious review of the provision was warranted. The matter also appears to have been considered by the Law Commission, the Malimath Committee, the Committee on Petitions in the Rajya Sabha, the Home Ministry. The abuse D of the provision was also noted in the judgments of this Court. Some High Courts have issued directions to ched; such abuse. Recommendation has also been made by the Law Commission to make the offence compoundable. (Para 141 (539-F-H; 540-A-Cf E 3. Following areas appear to require remedial steps: i) Uncalled for implication of husband and his relatives and arrest; ii) Continuation of proceedings in spite of settlement between the parties since the offence is non-compoundable and uncalled for hardship to parties on that account. !Para 151 (540-C-D( F

4. Function of this Court is not to legislate but only to interpret the law. No doubt in doing so laying down of norms is sometimes unavoidable. Just and fair procedure being part of fundamental right to life, interpretation is required to be placed G on a penal provision so that its working is not unjust, unfair or unreasonable. The court has in~idental power to quash even a non~cQmpoundable case of private nature, if continuing the proceedings is found to be oppressive. While stifling a legitimate prosecution is against public policy, if the proceedings in an offence of private nature are found to be oppressive, power of H quashing is exercised. [Para 161 [540-D-FI " RAJESH SHARMA & ORS. v. STATE OF U.P. & ANR. 531 5. To remedy the situation, involvement of civil society in A the aid of administration of justice caii be one of the steps, apart from the investigating officers and the concerned trial courts. being sensitized. It is also necessary to facilitate closure of proceedings where a genuine settlement has been reached instead of parties being required to move High Court only for that purpose. The B Court issues directions in this respect. [Paras 18 and 191 [541-C-DJ 6. After seeing the working of the arrangement as per the directions, for six months, but latest by March 31, 2018, National Legal Services Authority may give a report about need for any change in above directions or for any further directions. [Para c 201 1543-CI

Sahara India Real Estate Corporation Limited v. Securities and Exchange Board of India (2012) 10 SCC 603 : (2012J 12 SCR 256; SCBA v. Union of India (1998) 4 SCC 409 : 11998) 2 SCR 795; Union of India v. D Raghubir Singh (d) by Lrs. (1989) 2 SCC 754 : (1989) 3 SCR 316; Dayaram v. Sudhir Batham (2012) 1 SCC 333 : (2011) 15. SCR 1092; State of Punjab v. Dalbir. Singh (2012) 3 SCC 346 : 120121 4 SCR 608; Hema .. Mishra vs.. Staet of U.P. and Ors. [2014) l SCR 465 : E 2014 (4) SCC 453; Gian Singh v. State of Punjab (2012) 10 SCC 303 : (2012] 8 SCR 753; CBI ACB Mumbai vs Narendra Lal Jain & Ors. [2014( 3 SCR 444 : 2014 (5) sec 364 - relied on. Sushil Kumar Sharma v. Union of India (2005) 6 SCC 281: (200511 Suppl. SCR 730; Preeti Gupta v. State of F Jharkhand (2010) 7 SCC 667: [20101 9 SCR 1168; Ramgopal v. State of Madhya Pradesh (2010) 13 SCC 540 : [2010) 9 SCR 354; Savitri Devi v. Ramesh Chand ILR (2003) I Delhi 484; Chander Bhan v. State (2008) 151 DLT 691; Arnesh Kumar v. State of Bihar (2014) G 8 SCC 273 : 120141 8 SCR 128; Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1 : (20131 14 SCE. 713 - referred to. 243'"'1 Law Commission Report (August, 2012), 140'h Report of the Rajya Sabha Committee on Petition (.September, 20Il) - referred· to. H 532 SUPREME COURT REPORTS [2017] 9 S.C.R. A Case Law Reference [20051 1 Suppl. SCR 730 referred to Paras (20101 9 SCR 116S referred to Paras B [20101 9 SCR 354 referred to Paras

ILR (2003) I Delhi 4S4 referred to Paras (200S) 151 DLT 691 referred to Para 9 C [20141 S SCR12S referred to Para 10 [20131 14 SCR 713 referred to Para 11 [20121 12 SCR 256 relied on Para 16 (199SI 2 SCR 795 relied on Para 16 D [19S91 3 SCR 316 relied on Para 16 [20111 15 SCR 1092 relied on Para 16 120121 4 SCR 608 relied on Para 16 [20141 1 SCR 465 relied on Para 16 E 120121 S SCR 753 relied on Para 16 [20141 3 SCR 444 relied on Para 16 F CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1265 of2017. From the Judgment and Order dated 18.01.2017 of the High Court of Judicature at Allahabad in Application under Section 482 No. 397 of 2016. G Atmaram S. Nadkami, ASG, V. Giri, Sr. Adv. (AC), Ms. Uttara Babbar, Ms. Pragya Baghel, Ms. Svadha Shanker, Mahesh Srivastava, Pankaj Srivastava, P. N. Puri, P. K. Dey, S. A. Haseeb, Santosh Rebello, Ms. Sneha Prabhu T., Ms. Nivedita, Ajith Yadav, 8. K: Prasad, Vaibhav Manu Srivastava, Shringarika Priyadarshini, Advs. for the appearing H parties. RAJESH SHARMA & ORS. v. STATE OF U.P. & ANR. 533 The Judgment of the Court was delivered by A ADARSH KUMAR GOEL, J. I. Leave granted.

2. The question which has arisen in this appeal i~ whether any directions are called for to prevent the misuse of Section 498A, as acknowledged in certain studies and decisions. The Court requested ShriA.S. Nadkami, leamedASG and Shri V.V. Giri, learned senior counsel · B to assist the Court as amicus. We place on record our gratitude for the assistance rendered by learned ASG Shri Nadkarni and learned senior counsel Shri Giri who in turn was ably assisted by advocates Ms. Uttara Babbar, Ms. Pragya Baghel and Ms. Svadha Shimker. 3. Proceedings have arisen from complaint dated 2"" December, c 2013 filed by respondentNo.2 wife of appellant No. I. Appellants 2 to 5 are the patents and siblings of appellant No.1. The complainant alleged that she was married to appellant No. I on 28"' November, 2012. Her father gave dowry as per his capacity but the appellants were not happy with the extent of the dowry. They started abusing the complainant. D They made a demand of dowry of Rs.3,00,000/- and a car which the family could not arrange. On 10 11' November, 2013, appellant No.1 dropped the complainant at her matrimonial home. She was pregnant · and suffered pain in the process and her pregnancy was terniinated. On the said version, and further version that her stridhan was retained, appellant No. l was summoned under. Section 498A and Section 323 E IPC. Appellants 2 to 5 were not summoned. Order dated 14'h July, 2014 read as follows:

"After perusal of the file and the document brought on record. It is clear that the husband Shri Rajesh Sharma demanded car and three lacs rupees and in not meeting the demand. It F appears that he has tortured the complainant. So far as torture and retaining of the stri dhan and demanding 50,000 and a gold chain and in not meeting the demand the torture is C1ttributable against Shri Rajesh Sharma, Rajesh Sharma appears to be main accused. In the circumstances, rest of the . G accused Vijay Sharma. Ja;:wati Sharma, Praveen Sharma and Priyanka Sharma have not committed any crime and they have not participated in commission of t1ie crime. ·whereas, it appears that. Rajesh Sharma has committed an o.ffence under Section 498A. 323 !PC and read with section 3 I 4 DP act H 534 SUPREME COURT REPORTS [2017] 9 S.C.R. A appears to have prima .fi1cie made out. Therefore, a summon be issued against him. "

4. Against the above order, respondent No.2 preferred a revision petition and submitted that appellants 2 to 5 should also have been summoned. The said petition was accepted by the Additional Sessions B Judge, Jaunpur vide order dated 3n1 July, 2015. The trial'court was directed to take a fresh decision in the matter. Thereafter, the trial court vide order dated 18'h August, 2015 summoned appellants 2 to 5 also. The appellants approached the High Court under Section 482 CrPC against the order of summoning. Though the matter was referred to the mediation centre, the mediation failed. Thereafter, the High Court found C no ground to interfere with the order of summoning and dismissed the petition. Hence this appeal.

5. Main contention raised in support of this appeal is that there is need to check the tendency to rope in all family members to settle a matrimonial dispute. Omnibus allegations against all relatives of the D husband cannot be taken at face value when in normal course it may only be the husband or at best his parents who may be accused of demanding dowry or causing cmelty. To check abuse of over implication, clear supporting material is needed to proceed against other relatives of a husband. It is stated that respondent No.2 her~elf left the matrimonial E home. Appellant No.2, father ofappellant No. l, is a retired government employee. Appellant No.3 is a house wife. Appellant No.4 is unmarried brother and appellant No.5 is unmarried sister who is a government employee. Appellants 2 to 5 had no interest in making any demand of dowry. F 6. Learned counsel for respondent No.2 supported the impugned order and the ave1ments in the complaint.

7. Learned ASG submitted that Section 498A was enacted to check unconscionable demands by greedy husbands and their families which at times result in cmelty to women and also suicides. He, however, G accepted that there is a growing tendency to abuse the said provision to rope in all the relatives including parents ofadvanced age, minor children, siblings, grand-parents and uncles on the strength of vague and exaggerated allegations without there being any verifiable evidence of physical or mental harm or injmy. At times, this results in harassment and even arrest of innocent family members, including women and senior H RAJESH SHARMA' & ORS. v. STATE OF U.P. &ANR. 535 {ADARSH KUMAR GOEL, J.] citizens, This may1hamper any possible reconciliation and reunion of a A couple. Reference has been made to the statistics from the Crime Records Bureau (CRB) as follows: "9. That according to Reports of National Crime Reco'r:d Bureau in 2005, j{Jr a total 58, 319 casc.1· reported under Section 498A lPC, a total of 1,27.560 people were arrested, B and 6.141 cases were declared false on account of mistake of fact or law. While in 2009 (or a total 89.546 cases reported. a total of I. 74;395 people were arrested and 8.352 . cases were declared false on account of mistake of fact or . law. C,

j 0. That according to Report of Crime in India, 2012 Statistics, .. National Crime Records Bureau, Ministry of Home ~/fairs showed that for the year of 20I2, a total of I97,762 people · all across India were arrested under Section 498A, Indian · Penal Code. The Report further shows that approximately a quarter of those arrested were women that is 47,951 of the .D total were perhaps moiher or sisters of the husband. However most swprisingly the rate of charge-sheet filing for the year 2012, under Section 498A !PC was at an exponential height of 93. 6% while the conviction rate was at a staggering low at 14. 4% only. The Report stated that as many as 3, 72, 706 cases . · E were pending trial of Which 3, 17, 000 were projected to be acquitted. 11. That according to Report of Crime in India, 20 I 3, the . National Crime Records Bureau further pointed out that of 4,66,079 cases that were pending in the startof 20I3, only F .J,258 were convicted while 38,I65 were acquitted and 8,218 were withdrawn. Tl1e conviction rate of cases regisfered urider Section 498A JPC was also a staggering low at. 15.6%. '·' 8. Referring to Sushi{ Kumar Sharma versus Unio11 of ll1dia1, Preeti Gupta versus State of JharkltantP, Ramgopal versus State .of G . Madhya Pradesh3, Savitri Devi versus Ramesh Clrand4, it was) / 1 (2005) 6 sec 281 \ ' (201 op sec 667 3 (2010) l3SCC 540 4 !LR (2003) I. Delhi 484 H) 536 SUPREME COURT REPORTS [2017] 9 S.C.R.

A submitted that misuse of the provision is judicially acknowledged and there is need to adopt measures to prevent such misuse. The Madras High Court in M.P. No.I of2008 in Cr. 0.P. No.1089 of2008 dated 4'h August, 2008 directed issuance of following guidelines: "It must also be borne in mind that the object behind the B enactment of Section 498-A !PC and the Dowry Prohibition Act is to check and curb the menace of dowry and at the same time, to save the matrimonial homes from destruction. Our experience shows that, apart ji·om the husband, all.family members are implicated and dragged to the police stations. Though arrest of those persons is not at all necessary, in a number of cases, such harassment is made simp(v to sati.~(v the ego and anger of the complainant. By suitably dealing with such matters, the injury to innocents could be avoided to a considerable extent by the Magistrates, but. !f the Magistrates themselves accede to the bare requests of the D police without examining the actual state of affairs, ii would create negative effects thereby, the very purpose of the legislation would be defeated and the doors of conciliation would be closed forever. The husband and his family members may have difference of opinion in the dispute, for which, arrest and judicial remand are not the answers. The ultimate object E of every legal system is to punish the guilty and protect the innocents. "

9. Delhi High Court vide order dated 4'h August, 2008 in Ch"nder Bhan versus State! in Bail Application No.1627/2008 directed issuance of following guidelines : F "2. Police Authorities: (a) Pursuant to directions given by the Apex Court, the Commissioner of Police, Delhi vide Standing Order No.3301 2007 had already issued guidelines for arrest in the dowry cases registered under Sections 498-A/406 !PC and the said G guidelines should be followed by the Delhi Police strictly a11d scrupulously. (i) No case under Section 498-A/406 /PC should be registered without the prior approval of DCP/Addl.DCP. '(2008) 151 DLT 691 H RAJESH SHARMA & ORS. v. STATE OF U.P. & ANR. 537 {ADARSH KUMAR GOEL, .1.] (ii) Arrest of main accused should be made only after thorough A investigation has been conducted and with the prior approval of the ACP/DCP (iii) Arrest of the collateral accused such as father-in-lav.-; mother-in-law, brother-in-law or sister-.in-/a;v etc. should onZv be made after prior approval of DCP on file. B (b) Police should also depute a well trained and a well behaved staff in all the crime· against women cells especially the lady officers, all well equipped with the abilities of perseverance, persuasion, patience and forbearance. c (c) FIR in such cases should not be registered in a routine manne1: (d) The endavour of the Police should be to scrutinize complaints ve1y care.fully and then register FIR .

. (e) The FIR should be registered only against those persons D against whom there are strong allegations of causing any kind of physical or mental cruelty as well as breach ·of trust. (f) All possible efforts should be mcide, before recommending registration of any FIR, for reconciliation and in case itis .found that there is no possibility of settlement,· then necessmy E steps in the first instance be taken to ensure return ofstridhan · and dowry. articles etc. by the accused party to th.e / complainant. " l 0. In Arnesh Kmf!ar versus State of Bilrar6, this Court directed -~~: F "11.J All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy them,i·elves about the \. necessity for arrest under the parameters laid down above .flowing from Section 41, Cr.PC; G t 11.2 All police officers be provided with a check list' ' containing specified sub-clauses under Section 4/(J)(b)(ii): "(2014) s sec 213\ H ' 538 SUPREME COURT REPORTS [2017] 9 S.C.R. A Jl.3 The police officer shall forward the check list duly filed and fi1rnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for fi1rther detention:

Ji .4 The Magistrate while authorizing detention of the B accused shall peruse the report fi1rnished by the police ojjicer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention: 11.5 The decision not to arrest an accused, be forwarded to the Magistrate within two week.~ from t/ze date of the institllfion c of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district/or the reasons to be recorded in wl·iting; 11 .6 Ngtice of appearance in terms of Section 41A of Cr.PC be seri1ed on the accused within two weeks from the dale of institution of the case, which may be extended by the D Superintendent of Police 4 the District for the reasons to be recorded in writing: 11.7 Failure to comply with the directions q/oresaid :;hall apart ji·om rendering the police ojjlcers concerned liable for departmental action, they shall also be liable to be punished E for contempt of court to be instituted before High Court having territorial jurisdiction. il.8 Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable .for departmental action by the appropriate High Court."

F 11. LeamedASG suggested that there must be some preliminaiy inquiry on the lines ofobservations inLa/itaK11mari versus Government of Uttar Prades/1 7. Arrest of a relative .other than husband could only be after pennission from the concerned Magistrate. There should be no arrest of relatives aged above 70 years, Power of the.police to straight G away arrest must be prohibited. While granting permission, the court must ascertain that there is prima facie material of the accused having done some overt and covert act. The offence should be made· compoundable and bailable. The role of each accused must be specified in the complaint and the complaint must be accompanied by a signed 1 (20I4J 2 sec 1 H RAJESH SHARMA & ORS. v. STATE OF U.P. & ANR. 539 {ADARSH KUMAR GOEL, J.) affidavit. The copy of the preliminary enquiry report should be furnished A to the accused.

12. Shri V. Giri, learned senior counsel assisted by advocates Ms. Uttara Babbar, Ms. Pragya Baghel and Ms. Svadha Shanker submitted that arrest in an offence under Section 498A should be only after recording reasons and express approval from t.he Superintendent of Police. B In respect of relatives who are ordinarily residing outside India, the matter · should proceed only if,the IO is convinced that arrest is necessary for fair investigation. ,Jn sbch cases .impouriding of passport or issuance of red comer notice.should be avoided. Proc,>edure u~<:\er Section 14 of the Protection of Won1en from Domestic Violence Act, 2005, of counseling should be mad~ i;ri'andatory before registration of a case under Section C ~~. I . 13. We have given serious consideration to the rival submissions as well as suggestions made by learned ASG and Shri V. Giri, Senior Advocate assisted by Advocates Ms. Uttara Bab bar, Ms. Pragya Baghel and Ms. Svadha Shanker. We have also perused 243'd Law Commission D Report (August, 2012), 140'h Report of the Rajya Sabha Committee on Petition (September, 2011) as well as several decisions to which our attention has been invited.

14. Section 498A was inserted in the statl\te with the laudable object of punishing cruelty at the hands of husband or his relatives against E . a wife pai1icularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the Statement of Objects and Reasons of the Act 46 of 1983. The expression 'cruelty' in Section 498A covers conduct which may drive the women to commit suicide or cause grave injury (mental or physical) or danger to life or harassment F with a view to coerce her to meet unlawful demand.8 It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women. We have already referred to some of the statistics from the Crime Records Bureau. This Court had earlier noticed the fact that most of such complaints are filed · in the heat of the moment over trivial issues. Many of such complaints G are not bona fide. At the time offilip.g of the complaint, implications and consequences are not visualized. At times such complaints lead to uncalled for harassment not only to the accused but also to the 'Explanation to Section 498A H 540 SUPREME COURT REPORTS [2017] 9 S.C.R.

A complainant. Uncalled for arrest may ruin the chances of settlement. This Court had earlier observed that a serious review of the provision was warranted9• The matter also appears to have been considered by the Law Commission, the Malimath Committee, tbe Committee on Petitions in the Rajya Sabha, the Home Ministry, which have been referred to in the earlier part of the Judgment. The abuse of the provision was B also noted in the judgments of this Court referred to earlier. Some High Courts have issued directions to check such abuse. In Arnesh Kumar (supra) this Court gave directions to safeguard uncalled for arrests. Reconm1endation has also been made by the Law Commission to make the offence compoundable. c 15. Following areas appear to require remedial steps:- i) Uncalled for implication of husband and his relatives and arrest. ii) Continuation of proceedings in spite of settlement between the parties .since the offence is non-compoundable and D uncalled for hardship to parties on that account. '

16. Function of this Court is not to legislate but only to interpret the law. No doubt in doing so laying down of norms is sometimes unavoidable. to Just and fair procedure being part of fundamental right to life, 11 interpretation is required to be placed on a penal provision so E that its working is not unjust, unfair or tmreasonablc. The court has incidental power to quas]l. even a non-compoundable case of private nature, if continuing the. proceedings is fmmd to be oppressive. 12 Whilt; stifling a legitimate prosecution is against public policy, if the proceedings in an offence of private nature are found to be oppressive, power of quashing is exercised. F 17. We have considered the background of the issue and also taken into account the 243'd Report of the Law Commission dated 9 Precti Gupta (supra) '"Sahara India Real Estate Corporation Limited v. Securities and Exdrnngc Board of G india (20 I2) IO SCC 603- para 52, SCBA v. Union of India (I 99&) 4 sec 409- para 47. Union of India vs. Raghubir Singh (d) by Lrs. ( 1989) 2 sec 754- para 7. Dayaram vs. Sudhir Batham (2012) I sec 333 I' State of Punjab vs. Dalbir Singh (2012) 3 SCC 346- para 46,52 & 85, (2014) 4 sec 453- para-2 I "Gian Singh vs. State of Punjab (20I 2) IO SCC 303- para-6I, (20 I4) 5 SCC 364-para -I4 H RAJESH SHARMA & ORS. v. STATE OF U.P, & ANR. 541 {ADARSH KUMAR GOEL, J.]

130'11 August, 2012, 140° Report of the Rajya Sabha Committee on A Petiti.ons (September, 2011) and. earlier decisions of this Court.. We are conscious of the object for which the provision was brought into the statute. At the same time, violation of human rights of innocent cannot be brushed aside. Certain safeguards against uncalled for arrest or insensitive investigation have been addressed by this Court. Still, the B problem continues to a great extent. 18. To remedy the situation, we are ~fthe view that involvement of civil society in the aid of administration ofjustice can be one of the steps, apart from the investigating officers and the concerned trial courts being sensitized. It is also necessa1y to facilitate c!.osure of proceedings C where a genuine settlement has been reached instead of parties being required to move High Court only for that purpose. 19. Thus, after careful consideration of the whole issue, we consider it fit to give following directions:- i) (a)In eyery district one or more.Family Welfare Committees be D constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least · once in a year by the District and Sessions Judge of the district who is also the Chainnan of the District Legal Services Authority. E

(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing. (c) The Committee members will not be c.alled as witnesses. (d) Every complaint under Sectiori 498A received by the police F i or the Magistrate be referred to and looked into by such committee. ' Such committee may have interaction with the ·parties personally . or by means of telephone or any other mode of communication including electronic communication. · (e) Report of such committee be given to th~ Authority by whom G the complaint is refen:ed to it latest within one month from the date ofreceipt of complaint. (f) The committee may give its brief report about the factual aspects and its opinion in the matter. H 542 SUPREME COURT REPORTS (2017] 9 S.C.R. A (g) Till report of the committee is received, no arrest should normally be effected. (h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit. (i) Members of the committee may be given such basic minimum B training as may be considered necessary by the Legal Services Authority from time to time. (j) The Members of the committee may be given such honorarium as may be considered viable. (k) lt will be open to the District and Sessions Judge to utilize the c cost fund wherever considered necessary and proper.

ii) 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. Such designated officer may be required to undergo training D for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today; iii) In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer E nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord; iv} !fa bail application is filed with at least one clear day's notice to the Public Prosecutor/complainant, the same may be decided as F 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; G v) In respect of persons ordinarily residing out oflndia impounding of passports or issuance of Red Corner Notice should not be a routine;

vi) It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases H RAJESH SHARMA & ORS. v. STATE OF U.P. & ANR. 543 {ADARSH KUMAR GOEL, J.] between the parties arising out of matrimonial disputes so that a A holistic view is taken by the Court to whom all such cases are entrusted; and vii) Personal appearance of all family members and particularly outstation members may not be required and the tri~}_ court ought to grant exemption from personal appearance or permit appearance B by video conferencing without adversely affecting progress of the trial. viii) These directions will not apply to the ciffe11ces involving tangible physical injuries or death. 'J 20. After seeing the working of the above arrangement for six C months but latest by March 31, 2018, National Legal Services Authority may give a report about need for any change in above directions or for any further directions. The matter may be listed for consideration by the Court in April, 2018. 21. Copies of this order be sent to Natipnal Legal Services . D Authority, Director General of Police of all the States and the Registrars of all the High Courts for further appropriate action. 22. It will be open to the parties in the present case to approach the concerned trial or other comi for further orders in the light of the above directions. E Kalpana K. Tripathy DircCtions issued.