Situation after complaint before CAW Cell

Whenever the complaint u/s 498A is made by a genuinely aggrieved wife, or by a wife who is making a false complaint to extract money or to torture her in-laws and husband there is a procedure which is followed by the police at the CAW Cell. Such procedure is generally based on the assumption that this is a family dispute between a husband and a wife.

The first step in the CAW cell process is of the counselling of the wife on the day when she visits the CAW cell with her complaint. Then the officers appointed at the Cell tells her about her rights and limitations, and the rights and limitations of the husband as well, and the procedure that will be followed during the whole process. Then the wife handovers her complaint in writing to the department. Thereafter, the complaint is referred to the legal cell of the CAW cell. The legal cell goes through the complaint made by the wife and makes its recommendations. However, if no offence is made out against one or more persons mentioned in the complaint, then those persons will either not be charge sheeted by the police at the women’s police station / mahila thana, or they will be acquitted by the judge.

 

After the legal cell makes the recommendations in the complaint, the complaint is forwarded again to the DCP or who is in-charge of the CAW cell. At this stage, an enquiry officer is appointed by the department, and this appointment comes directly from senior-most level in the CAW cell. The enquiry/investigation officer is usually a woman. Thereafter, immediately after the appointment of the Investigation officer, such appointed officer personally meets the wife. She tells them again the whole process, and they tell her how they wish to proceed.

 

The enquiry officer writes a summons which is sent to the husband and ask him to come to the concerned CAW Cell and to join the investigation as early as possible. This is the first time when the husband learns that he is an accused in a 498a case. 

Further attempts will be made if any possibility of getting the matter settled/ conciliation and various sessions will be given to both the parties. Then the enquiry officer gives the list of stridhan items which are claimed by the wife to be with the husband. Then the husband comes back after a few days with the admit list, which is the list of items that he admits is with him. 

Then if need is required the matter will be referred to the mediation cell and a few sessions will be given at the mediation cell also.

Still if nothing is reconciled between the parties then an FIR will be registered against the Husband and he relatives (if there name are present in the complaint)