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Supreme Court of India 2018-09-14 disposed

Social Action Forum for Manav Adhikar and another vs Union of India Ministry of Law and Justice and others

Bench: 3 — Dipak Misra

In Brief

The Supreme Court examined petitions challenging the Rajesh Sharma judgment, which had established Family Welfare Committees to review Section 498-A IPC (cruelty against married women) complaints before arrest. The Court held that while fair and reasonable implementation of law is essential, creating extra-statutory committees goes beyond the Code of Criminal Procedure and enters legislative territory improperly. The Court struck down the Family Welfare Committee framework but affirmed that proper training of investigating officers on arrest principles under Section 41-A CrPC is necessary. Settlement of matrimonial disputes can proceed through Section 482 CrPC petitions to High Courts. The Court balanced protection of women against domestic violence with safeguards against misuse of criminal law.

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Criminal Law Women's Rights Domestic Violence Section 498-A IPC Arrest and Bail Matrimonial Disputes Judicial Interpretation

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