The Bombay High Court recently urged the Centre to consider making Section 498A of the Indian Penal Code (IPC) compoundable. Justices Revati Mohite Dere and Prithviraj Chavan highlighted the challenges faced by individuals due to the non-compoundable nature of this section. In an order dated September 23, the court noted that each day, a minimum of 10 petitions are filed seeking to quash 498A cases by consent, underscoring the significant impact of this issue.
The justices pointed out that the requirement for parties to appear in court in person, often traveling from remote areas, creates considerable hardships, including travel and litigation expenses.
The case in question involved a petition from a man, his sister, and his mother, who sought to quash an FIR registered against them in 2018 by the Pune police. The FIR was filed by the man’s estranged wife, who had accused her in-laws and husband of harassment.
The petitioners informed the court that they had reached an amicable settlement with the complainant, offering Rs. 25 lakh as a one-time settlement and agreeing to a mutual divorce. The complainant also submitted an affidavit supporting the quashing of the FIR.
The court accepted the petition and quashed the FIR, emphasizing that the non-compoundable nature of Section 498A forces parties to seek relief through the High Court, which consumes valuable judicial time.
The bench noted that the Maharashtra government had previously proposed making Section 498A compoundable and sent the bill to the President of India for approval. However, the Union government opposed the bill, arguing that diluting the section would not benefit victims. The issue remains unresolved as the Centre sought further clarification from the Maharashtra government in 2021.
The court also referenced recommendations from the Law Commission to make Section 498A compoundable, yet it remains unchanged. The bench directed Additional Solicitor General Anil Singh to address this issue with the relevant Union ministry as soon as possible.
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