Bombay HC Urges Centre to Make IPC Section 498A Compoundable
The Bombay High Court has called on the central government to consider making Section 498A of the Indian Penal Code (IPC) a compoundable offense. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan emphasized the need for this change, citing frequent cases and the hardships faced by parties due to the non-compoundable nature of this law.
The Court’s Observations
In an order dated September 23, the bench noted that a significant number of petitions—at least 10 every day—are filed to quash Section 498A cases with mutual consent. Because the section is non-compoundable, parties are forced to appear in court, often traveling from remote villages, incurring travel, litigation, and accommodation expenses.
The court remarked, “If Section 498A is made compoundable with court permission, it will save the High Court’s precious time and reduce the hardships faced by the parties.”
Case Details
The order was issued in response to a petition filed by a man, his mother, and sister, seeking to quash an FIR filed against them in 2018 by Pune police. The FIR stemmed from a complaint lodged by the man’s estranged wife, alleging harassment by her in-laws and husband.
The petitioners informed the court that they had resolved the matter amicably and agreed to pay the complainant Rs. 25 lakh as a one-time settlement. Both parties also agreed to file for a mutual divorce. The complainant submitted an affidavit stating she had no objection to quashing the FIR.
The court accepted the petition and quashed the FIR, emphasizing that the parties were compelled to approach the High Court due to Section 498A being non-compoundable.
Background on IPC Section 498A
Section 498A deals with cruelty by a husband or his family against a wife. While aimed at protecting women, the provision has faced criticism for being misused in some cases. To address this, the Maharashtra government previously passed a bill to make 498A compoundable, but the bill is still awaiting approval from the President of India.
The court noted that the President had sought input from the Union government, which expressed concerns that diluting the section might harm victims’ interests. The matter remains unresolved since the Maharashtra government was asked to provide further clarifications in 2021.
Recommendations and Directions
The High Court highlighted previous Law Commission reports recommending that Section 498A be made compoundable, but no changes have been implemented yet.
The bench directed Additional Solicitor General Anil Singh to raise the matter with the Union ministry and ensure it is addressed promptly.
Conclusion
This ruling underscores the challenges associated with Section 498A’s non-compoundable status. The Bombay High Court’s recommendation aims to simplify legal procedures, reduce hardships for parties, and save judicial resources, while ensuring justice is not compromised.
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