‘Apologise’: SC To IPS Officer Who Got Estranged Husband, In-Laws Jailed In False 498A Cases | India News
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The bench noted that the husband had spent 109 days in jail, and his father 103 days, due to the cases filed by the officer.
Supreme Court of India (Image: PTI/File)
The Supreme Court on Tuesday directed a woman IPS officer to issue an unconditional public apology to her estranged husband and his family for the distress caused by multiple false criminal cases she had filed against them during a marital dispute.
The court also dissolved the marriage and cancelled all pending cases between the two sides.
A bench of Chief Justice BR Gavai and Justice AG Masih issued the directions while finalising a settlement between the couple, who had been living separately since 2018.
The court granted custody of their daughter to the mother, while allowing the father and his family visitation rights.
The bench noted that the husband had spent 109 days in jail, and his father 103 days, due to the cases filed by the officer.
“What they have suffered cannot be compensated in any manner,” the court observed, adding that the apology must be published in national editions of one prominent English and one Hindi newspaper.
Additionally, the apology must be shared on major social media platforms like Facebook, Instagram, and YouTube within three days of the order.
However, the court clarified that the apology would not be considered an admission of guilt and cannot be used against her in future legal or administrative matters.
The court also instructed the officer not to misuse her position or seek any official action against her former husband and in-laws. The husband, in turn, was told not to misuse the apology in any form.
The couple had filed multiple cases against each other, including divorce and maintenance proceedings, and had approached the Supreme Court to transfer the matters to their respective jurisdictions.
In a related ruling, the Supreme Court also upheld the 2022 guidelines issued by the Allahabad High Court, which state that no immediate arrest should be made under Section 498A of the Indian Penal Code in dowry harassment cases.
The guidelines require a two-month window for preliminary inquiry and intervention by a family welfare committee before any arrest.
The court reiterated its concerns over the misuse of Section 498A, and its corresponding provision, Section 85, in the new Bharatiya Nyaya Sanhita (BNS), saying that proper safeguards must be maintained to ensure justice for all parties involved.
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