VidhiSangh

Supreme Court of India · 14/09/2018

SOCIAL ACTION FORUM FOR MANAV ADHIKAR AND ANOTHER versus UNION OF INDIA MINISTRY OF LAW AND JUSTICE AND OTHERS

[2018] 12 S.C.R. 19 · 2018 INSC 820

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Summary

The Supreme Court modified the directions in Rajesh Sharma concerning Section 498A cases. The Family Welfare Committee mechanism and its restriction on arrest were outside the statutory framework. Existing arrest safeguards must instead be followed, with rigorous training for investigating officers. Settlement-based quashing lies with the High Court; the Court retained the identified bail and overseas-accused protections, while exemption from appearance requires an application under the Code.

Issues

  1. Whether judicial directions creating Family Welfare Committees and delaying arrest pending their reports were permissible.
  2. How the settlement, bail, overseas-accused and appearance directions should operate.

Provisions considered

Held

Result

Writ petitions and criminal appeal disposed of without costs, modifying Rajesh Sharma: Family Welfare Committee mechanism removed; statutory arrest safeguards, training, High Court settlement jurisdiction and specified protective directions govern.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 19.