Bombay High Court Upholds Section 498A IPC as Non-Compoundable Offence
The Bombay High Court asserted on Thursday that it lacks the authority to designate Section 498A of the Indian Penal Code (IPC) as a compoundable offence, which addresses cruelty by a husband or his relatives towards a wife.
A division bench, comprising Justices AS Gadkari and SG Dige, reviewed a writ petition filed by three family members seeking to dismiss the proceedings under Section 498A.
The bench underscored that this matter falls under legislative jurisdiction, noting the Central government’s affidavit stating that such a change would be detrimental to women’s interests.
While the court affirmed its ability to dismiss cases with mutual consent, it clarified that it cannot mandate legislative action.
The initial hearing, presided over by a bench led by Justice Revati Mohite Dere, quashed the FIR against the family members and urged the Central government to consider making Section 498A compoundable. However, the government’s response emphasized the necessity of police inquiry before registering cases under this section.
Despite recommendations from some states, including Andhra Pradesh, to make Section 498A compoundable, the court maintains its stance on the issue.
Case Title: Sandip Sule vs State of Maharashtra
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