IPC 498A Arrests Must Wait Two Months: Supreme Court Endorses Allahabad HC’s Cooling-Off Safeguards
The Supreme Court affirmed the Allahabad High Court’s 2022 judgment on safeguards against misuse of Section 498A IPC, including constitution of Family Welfare Committees and two-month cooling-off period, and directed that the guidelines remain in force and be duly implemented by authorities
The Supreme Court, on July 22, 2025, endorsed the Allahabad High Court’s 2022 guidelines on misuse of Section 498A IPC. These include a mandatory two-month “cooling-off” period before any arrest.
The bench of Chief Justice B.R. Gavai and Justice Augustine George Masih used its power under Article 142 of the Constitution to dissolve the marriage of an IPS officer and her husband and directed the IPS officer and her parents to publish an unconditional apology in prominent English and Hindi dailies. The apology, also to be shared on social media, was for the trauma caused to the husband’s family, who had spent over 100 days in jail due to the FIRs filed by her.
The court, however, said the guidelines framed by the Allahabad High Court in the impugned judgment of June 13, 2022, with regard to ‘Constitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC', would remain in effect and should be implemented by the appropriate authorities.
In its order, the court also recorded that the contents of the apology were to be published within three days.
The bench, however, clarified, the apology is made to bring about amicable closure to the protracted legal battle and associated emotional and mental stress, and it should not be construed as an admission of liability and would have no bearing on the legal rights, obligations, or consequences arising under law.
Court also directed the woman officer that she would never use her position and power as an IPS officer or any other position that she may hold in future, position and power of her colleagues or superiors or other acquaintances anywhere in the country, against the husband, his family members and relatives by way of initiating any proceedings before any authority or forum through any third party or official or causing any bodily or mental injury to the husband and his family, in any manner whatsoever.
Court's order came on a transfer petition as well as multiple special leave petitions filed by both the parties.
As per the facts of the matter, the parties got married as per Hindu rights in 2015 at Delhi, and a daughter was born to them in 2016. However, due to matrimonial differences, the parties started living separately in 2018.
Afterwards, the woman filed as many as 15 separate cases against her husband and family members, including criminal, domestic violence, maintenance, and under the Income Tax Act. The husband and his family members also filed 10 cases against the woman and her family members.
Besides, five cases were filed by third parties.
Senior advocate Sidharth Luthra, appearing for the woman and senior advocate Vikas Singh for the husband and his family members submitted both the parties wished to amicably resolve all disputes, including matters of child custody, and settle all pending litigations with full and final satisfaction to avoid any future litigation and maintain peace between them, in the present proceedings itself.
Court ordered that the mother would have the custody of the girl child, as she remained with her after the separation in 2018, but allowed the father and his family members to have visitation rights.
The wife voluntarily agreed to forgo and waive her claim to any alimony or maintenance from the husband.
The bench ordered that she would have no claim over any movable and immovable property owned and possessed by the husband and his family members or any such property. Court quashed the Allahabad High Court's order to the husband to pay Rs 1.5 lakh monthly maintenance to the woman.
"To bring an end to the protracted legal battle between the parties and to secure complete justice, all pending criminal and civil litigations filed by either party against the other, including but not limited to those against the wife, the husband, and his family members, in any court or forum in India are hereby quashed and/or withdrawn," the court ordered.
The bench directed for quashing of all cases filed by third parties.
The parties also mutually agreed not to meddle and interfere in each other's lives, professions, businesses, including having no connection with business rivals, service, or employment. They further agreed and undertook not to do any act or promote or cause any act to be done which may be detrimental to each other’s personal and professional interests directly or indirectly and would not collaborate with any such party to cause harm to the business.
Court also expunged the remarks and observations made by the High Court in its order in 2022 against the woman.
"As this matter is being settled by the present order, all allegations made by either party, their family members, or their representatives against each other on various social media platforms, including interviews and statements by the wife or husband that directly allege against each other and/or their family, shall be deleted from the web," the bench said.
Case Title: Shivangi Bansal Vs Sahib Bansal
Judgment Date: July 22, 2025
Bench: Chief Justice B.R. Gavai and Justice Augustine George Masih
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