The Bombay High Court recently ruled that it does not have the power to direct the Central Government to make Section 498A of the Indian Penal Code (IPC) a compoundable offence. This section deals with cruelty by a husband or his relatives towards a wife.
A division bench of Justices AS Gadkari and SG Dige was hearing a writ petition filed by three family members seeking to quash proceedings under IPC Section 498A.
The Court clarified that changing the nature of an offence under IPC falls under the authority of the legislature, not the judiciary. It also noted that the Union Government, in its affidavit, opposed making Section 498A compoundable, saying it could harm women’s rights.
“We have read the Union Government’s affidavit. We cannot direct them to legislate,” said the bench.
However, the Court added that it has the power to quash such cases if both parties agree to settle.
The bench shared its experience with mediation, stating:
“Out of 10 such cases, 8 usually get resolved through mediation. Only 2 may face issues.”
Initially, the matter was heard by Justice Revati Mohite Dere’s bench, which quashed the FIR against the petitioners and also recommended that the Centre consider making Section 498A a compoundable offence. That bench had highlighted that Andhra Pradesh had already made Section 498A compoundable in 2003.
Following this, a response was sought from the Union Government.
In its reply, the Ministry of Women and Child Development stated that police conduct a preliminary enquiry before registering an FIR under Section 498A. If mediation fails, only then an FIR is lodged.
The case was later reassigned to the current bench, which reiterated that judicial directions cannot force legislative changes.
- Case Title: Sandip Sule vs State of Maharashtra
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