Madhya Pradesh High Court
Gyanendra Singh Rajput vs The State Of Madhya Pradesh on 31 July, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:35525
1 WP-29590-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 31st OF JULY, 2025
WRIT PETITION No. 29590 of 2025
GYANENDRA SINGH RAJPUT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Siddharth Verma - Advocate for petitioner.
Shri A.S. Baghel - Govt. Advocate for respondents/State.
ORDER
This petition is filed seeking the following reliefs :
(i) Issue an appropriate writ, order, or direction under Article 226 of the Constitution of India for quashing FIR No. 0176/2025 dated 19.06.2025 registered at Police Station Jabera, District Damoh (M.P.), as the same is false, malicious, and does not disclose any cognizable offence under Section 85 of the Bharatiya Nyaya Sanhita, 2023, or Sections 3 & 4 of the Dowry Prohibition Act, 1961.
(ii) Issue a writ of mandamus or any other appropriate writ or direction, restraining the respondents, particularly respondent No.3 (Station House Officer, Police Station Jabera), from taking any coercive action against the petitioner and his family members pursuant to the impugned FIR during the pendency of this petition.
(iii) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
2. During course of the arguments, petitioner's counsel submits that this petition may be disposed of in the light of the judgment passed in the case of Shivangi Bansal vs Sahib Bansal reported in 2025 LiveLaw (SC) 735 wherein the Hon'ble Supreme Court endorsed safeguards laid down by the Allahabad High Court regarding establishment of the Family Welfare Committee (FWC) to prevent misuse of Section 498A of IPC in matrimonial disputes. The objective is to curb the increasing tendency among litigants to implicate the husband and his entire family through broad and sweeping allegations. It has been observed as under :
Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 31-07-2025 19:16:57NEUTRAL CITATION NO. 2025:MPHC-JBP:35525 2 WP-29590-2025 "26. The transfer petitions and special leave petitions are disposed of in terms of the above order. The guidelines framed by the High Court of Allahabad in the impugned judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 vide paras 32 to 38,with regard to 'Constitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities."
3. The Allahabad High Court in the case of Mukesh Bansal vs State of U.P. and another : Criminal Revision No. 1126 of 2022 decided on 13.06.2022 [uploaded in ERP] has observed as under :
CONSTITUTION OF FAMILY WELFARE COMMITTEES :
[32] In this connection, there is yet another judgment of Hon'ble the Apex Court in the case of Social Action Forum for Manav Adhikar Vs. Union of India reported in 2018 (10) SCC 443. The Hon'ble Apex Court was aware that Section 498A IPC and its allied sections is mercilessly used by the advocates to serve the objective of their clients and that is why after exaggerating the incident manyfold, tailored an imaginary and abhorring story. This laudable section was brought into the Statute Book in the year 1983. The objective and the reasons for introducing Section 498-A IPC can be gathered from the Statements of Object and Reasons of the criminal law(Second amendment Act, 1983) which reads thus :-
"Increasing graph of dowry death is matter of serious concern. The extent of effort has been commented by the Joint Committee of the House constituted to examine the working of Dowry Prohibition Act, 1961. The cases of cruelty by the husband and other relatives which culminated in the society or murder, hapless women concerned constitute only a small fraction of cases involving the cruelty. It is therefore proposed to amend the IPC, Code of Criminal Procedure and Indian Evidence Act suitably to deal effectively not only with the cases of dowry deaths but also cases of cruelty to married woman by her in-laws" ...
[34] Thus assessing the totality of the circumstances, object and the allegation of misuse of this piece of legislation in a shape of Section 498A IPC, the Court is proposing the safeguards after taking the guidance from the judgment of Hon'ble the Apex Court in the case of Social Action Forum for Manav Adhikar Vs. Union of India (Supra) keeping in view the growing tendency in the masses to nail the husband and all family members by a general and sweeping allegations. [35] Thus, It is directed that :- (i) No arrest or police action to nab the named accused persons shall be made after lodging of the FIR or complaints without concluding the "Cooling-Period" which is two months from the lodging of the FIR or the complaint. During this "Cooling-Period", the matter would be immediately referred to Family Welfare Committee (hereinafter referred to as FWC) in the each district.
(ii) Only those cases which would be transmitted to FWC in which Section 498-
A IPC along with, no injury 307 and other sections of the IPC in which the imprisonment is less than 10 years.
(iii) After lodging of the complaint or the FIR, no action should take place Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 31-07-2025 19:16:57 NEUTRAL CITATION NO. 2025:MPHC-JBP:35525 3 WP-29590-2025 without concluding the "Cooling-Period" of two months. During this "Cooling- Period", the matter may be referred to Family Welfare Committee in each districts.
(iv) Every district shall have at least one or more FWC (depending upon the geographical size and population of that district constituted under the District Legal Aid Services Authority) comprising of at least THREE MEMBERS. Its constitution and function shall be reviewed periodically by the District & Sessions Judge/Principal Judge, Family Court of that District, who shall be the Chairperson or Co-chairperson of that district at Legal Service Authority.
(v) The said FWC shall comprise of the following members :-
(a) a young mediator from the Mediation Centre of the district or young advocate having the practices up to five years or senior most student of Vth year, Government Law College or the State University or N.L.Us. having good academic track record and who is public spirited young man, OR;
(b) well acclaimed and recognized social worker of that district having clean antecedent, OR;
(c) retired judicial officers residing in or nearby district, who can devote time for the object of the proceeding OR; (d) educated wives of senior judicial or administrative officers of the district.
(vi) The member of the FWC shall never be called as a witness.
(vii) Every complaint or application under Section 498A IPC and other allied sections mentioned above, be immediately referred to Family Welfare Committee by the concerned Magistrate. After receiving the said complaint or FIR, the Committee shall summon the contesting parties along with their four senior elderly persons to have personal interaction and would try to settle down the issue/misgivings between them within a period of two months from its lodging. The contesting parties are obliged to appear before the Committee with their four elderly persons (maximum) to have a serious deliberation between them with the aid of members of the Committee.
(viii) The Committee after having proper deliberations, would prepare a vivid report and would refer to the concerned Magistrate/police authorities to whom such complaints are being lodged after expiry of two months by inserting all factual aspects and their opinion in the matter.
(ix) Continue deliberation before the Committee, the police officers shall themselves to avoid any arrest or any coercive action pursuant to the applications or complaint against the named accused persons. However, the Investigating Officer shall continue to have a peripheral investigation into the matter namely preparing a medical report, injury report, the statements of witnesses.
(x) The said report given by the Committee shall be under the consideration of I.O. or the Magistrate on its own merit and thereafter suitable action should be taken by them as per the provision of Code of Criminal Procedure after expiry of the "Cooling-Period" of two months.
(xi) Legal Services Aid Committee shall impart such basic training as may be considered necessary to the members of Family Welfare Committee from time to time(not more than one week).
(xii) Since this is noble work to cure abrasions in the society where tempos of the contesting parties are very high that they would melow down the heat between them and try to resolve the misgivings and misunderstanding between Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 31-07-2025 19:16:57 NEUTRAL CITATION NO. 2025:MPHC-JBP:35525
4 WP-29590-2025 them. Since, this is a job for public at large, social work, they are acting on a pro bono basis or basic minimum honorarium as fixed by the District & Sessions Judge of every district. (xiii) The investigation of such FIRs or complaint containing Section 498A IPC and other allied sections as mentioned above, shall be investigated by dynamic Investigating Officers whose integrity is certified after specialized training not less than one week to handle and investigate such matrimonial cases with utmost sincerity and transparency.
(xiv) When settlement is reached between the parties, it would be open for the District & Sessions Judge and other senior judicial officers nominated by him in the district to dispose of the proceedings including closing of the criminal case. At the cost of repetition, it is made clear that after lodging of the F.I.R. or the complaint case without exhausting the "Cooling-Period" of two months, no arrest or any coercive action shall be taken against the husband or his family members in order to derail the proceedings before the Family Welfare Committee."
4. State counsel has no objection to the prayer made by the petitioner.
5. In such circumstances, this petition is disposed of in the light of the safeguards laid down by the Allahabad High Court vide judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 vide paras 32 to 38 regarding establishment of the Family Welfare Committee (FWC) to prevent misuse of Section 498A IPC in matrimonial disputes, which are endorsed by the Hon'ble Supreme Court in the case of Shivangi Bansal vs Sahib Bansal (supra).
(VISHAL MISHRA) JUDGE VV Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 31-07-2025 19:16:57