HC curbs on arrest of in-laws in dowry cases

8 Aug 2008,
Times News Network

New Delhi: Bringing hope to thousands of people allegedly harassed by
married women and unscrupulous policemen through misuse of anti-dowry
provisions, the Delhi High Court on Thursday said that the family
members of a man facing such charges cannot be arrested without the
approval of a DCP.

Ordering strict implementation of the guidelines issued by the police
commissioner, Justice Kailash Gambhir said, "The co-accused like
relatives of husband (facing dowry harassment complaint) should be
arrested only after approval of a DCP on file."

"Arrest of main accused (husband) should be made only after thorough
investigation has been conducted and with the prior approval of an ACP
or DCP," the court said.

"No case under section 498-A of IPC (Husband or relative of husband of
a woman subjecting her to cruelty) should be registered without prior
approval of DCP," said Justice Gambhir.

Directing the police to scrutinise complaints filed by the wife
carefully and then register the FIR, the court said the FIR should be
made if there is strong possibility of physical or mental cruelty
against the complainant woman. In addition, the police should make
efforts for reconciliation before registration of FIR.

The court said in the guidelines that women staff in Crime Against
Women cell should try to persuade the women from lodging such cases
with a motive to save the institution of marriage.

Justice Gambir issued the guidelines while hearing a joint
anticipatory bail application filed by in-laws of a woman in a
matrimonial dispute case lodged by their daughter-in-law. He suggested
to the parties in the case to settle the issue on August 11 at 4.30
pm.