Bombay High Court Says Section 498A IPC Cannot Be Made Compoundable
The Bombay High Court has ruled that it cannot pass orders to make Section 498A of the Indian Penal Code (IPC)—which criminalizes cruelty to a wife by her husband or his relatives—a compoundable offense. The court stated that this decision falls under the legislature’s jurisdiction.
The verdict was delivered by a division bench of Justices AS Gadkari and SG Dige while hearing a writ petition filed by three family members seeking to quash proceedings under Section 498A IPC.
Legislature’s Role in Amending the Law
The bench emphasized that the Central government had already submitted an affidavit opposing the move, stating that making Section 498A compoundable could harm women’s interests.
“We have read the affidavit of the Union government. We cannot direct them to legislate,” the court remarked.
Court’s Power to Quash Cases
While the High Court cannot change the law, it stated that it does have the power to quash cases where both parties consent. The bench observed that mediation often resolves most disputes.
“In our experience, 8 out of 10 cases get resolved through mediation, while 2 may remain unresolved,” the bench noted.
Earlier Bench Recommended Making Section 498A Compoundable
Initially, a different bench led by Justice Revati Mohite Dere had quashed the FIR against the three accused family members and recommended that the Central government amend Section 498A IPC to make it compoundable.
That bench also cited that Andhra Pradesh had already made Section 498A compoundable in 2003 and sought a response from the Union government.
Government’s Response on Section 498A
In its affidavit, the Union Ministry of Women and Child Development clarified that matrimonial disputes under Section 498A IPC are only registered after a preliminary police inquiry.
The affidavit stated that if mediation fails, only then an FIR is filed.
Later, the matter was transferred to the present bench, which ruled that the court cannot interfere with legislative powers but can quash cases with mutual consent.
Legal Impact of the Ruling
This decision reinforces that changes to Section 498A IPC must come from the legislature. The ruling also highlights the court’s role in quashing cases when both parties agree, preventing unnecessary legal battles in family disputes.
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