The Bombay High Court has ruled that it does not have the authority to make Section 498A of the Indian Penal Code (IPC), which criminalizes cruelty towards wives, a compoundable offense. This section specifically targets cruelty inflicted by a husband or his relatives, and the court stated that any change to its status falls under the jurisdiction of the legislature.
Court’s Observation
A division bench consisting of Justices AS Gadkari and SG Dige made this observation while hearing a writ petition. The petition was filed by three family members seeking to quash the proceedings against them under Section 498A.
The bench noted that the Union government had already filed an affidavit, asserting that making Section 498A compoundable would negatively impact women’s interests. The affidavit emphasized the importance of this law in protecting women from domestic abuse and cruelty.
Legislative Jurisdiction
The court stated, “We have read the Union government’s affidavit, and we cannot direct them to legislate.” This affirms the court’s stance that modifying the legal status of Section 498A is a matter for the legislature, not the judiciary.
However, the court mentioned that it does hold the power to quash cases under Section 498A if both parties consent to mediation. “In our experience, out of 10 cases sent to mediation, 8 are resolved, while 2 might still face issues,” the bench noted.
Background of the Case
Previously, Justice Revati Mohite Dere, who initially heard the matter, had quashed the FIR against the family members involved and suggested that the Union government consider making Section 498A a compoundable offense. The recommendation also noted that the State of Andhra Pradesh had made Section 498A compoundable in 2003.
In response, the Union Ministry of Women and Child Development clarified that matrimonial disputes under Section 498A are only registered after a preliminary police inquiry. If mediation between the parties fails, only then is an FIR lodged.
The case, titled Sandip Sule vs State of Maharashtra, was later reassigned to the current bench, which ruled that Section 498A remains non-compoundable but reiterated its power to quash cases through mutual consent.
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