Bombay High Court Asks Centre to Consider Making IPC Section 498A Compoundable Due to False Cases
The Bombay High Court has urged the Central Government to consider making IPC Section 498A (cruelty by husband or in-laws) a compoundable offence, which would allow couples to settle disputes with the court’s permission and avoid lengthy court procedures.
The division bench of Justices Revati Mohite Dere and Prithviraj Chavan passed the order on September 23, highlighting that every day, at least 10 petitions are filed for quashing of 498A cases by mutual consent because the section is currently non-compoundable.
The court observed that this process causes a lot of difficulty for the parties, especially those traveling from small towns and villages to appear in court. “They face high expenses, travel hardship, and loss of time,” the court said.
The ruling came during the hearing of a petition by a man, his sister, and mother who wanted to quash an FIR filed in 2018 by his wife in Pune, accusing them of domestic harassment.
Both parties informed the court that they had mutually resolved their issues and agreed on a ₹25 lakh one-time settlement and a mutual divorce. The complainant also submitted a sworn affidavit confirming she had no objection to quashing the FIR.
The court then allowed the petition and quashed the FIR, stating that parties are often forced to approach the High Court because IPC Section 498A is non-compoundable and cannot be settled at the magistrate level, even when both sides agree.
The bench noted that Maharashtra had passed a bill making 498A compoundable and sent it for the President’s approval. However, the Union Government raised concerns that such a move could weaken protections for victims. The Centre then sought further clarification from the Maharashtra government in 2021, but the matter is still pending.
The court also cited Law Commission reports, which recommended making 498A compoundable, but noted that no changes have been made yet.
To move the process forward, the High Court directed Additional Solicitor General Anil Singh to take up the matter with the appropriate Union ministry as soon as possible.
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