The Bombay High Court has asked the Centre to consider making IPC Section 498A a compoundable offence, noting the significant challenges and hardships faced by those involved in such cases. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan, in an order passed on September 23, emphasized the importance of this change, as daily, at least 10 petitions seek quashing of 498A cases by consent due to its non-compoundable nature.
The court highlighted the inconvenience caused to the parties, who must personally appear in court, often traveling from distant villages, incurring high travel, litigation, and accommodation expenses.
This order came from a petition by a man, his sister, and mother, seeking to quash a 2018 FIR filed against them by Pune police. The estranged wife had accused them of harassment.
The petitioners informed the court that they had amicably settled their dispute, agreeing to pay the complainant Rs 25 lakh as a one-time settlement and seeking a mutual divorce. The complainant also submitted an affidavit, not opposing the quashing of the FIR.
The court accepted the petition and quashed the FIR, noting that making Section 498A compoundable with court permission could save valuable High Court time. The bench referred to the Maharashtra government’s earlier attempt to make Section 498A compoundable, which was sent to the President for approval. However, the Union government expressed concerns about diluting the section, citing victim protection.
In 2021, the Centre sought further clarification from the Maharashtra government, but the issue remains unresolved. The court also mentioned that the Law Commission has recommended making IPC Section 498A compoundable.
Despite these recommendations, Section 498A is still non-compoundable. The bench directed Additional Solicitor General Anil Singh to address the issue with the relevant Union ministry promptly.
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