Last week , The Bombay High Court pointed out to the Maharashtra government that Andhra Pradesh had mad 498 a compoundable offense and asked the state govt. to consider the same.
The court observed that it is in interest of parties and litigants because they have to run for quashing after a settlement is reached which leads to extra costs. If 498a is made compoundable the parties can settle the cases with ease and resume normal life.
Last week, the Bombay High Court asked the Maharashtra State government to consider making offence punishable u/s 498A of IPC a compoundable offence. The court also pointed out that Andhra Pradesh is already taking this approach.
According to a Bench of Justices Nitin Jamdar and Sarang Kotwal making the offence compoundable will be beneficial for courts as well for litigants. The. Bench observed:
The parties can save expenses, time and energy in approaching the High Court. It will also free up the already crowded docket of this court. Most of these connected proceedings can be put to rest and the parties can resume normal life. It would be in the interest of the parties in such matters if the offence is made compoundable with permission of the Court. Therefore, we are of the opinion that the Government of Maharashtra should consider this aspect and consider making the offence under Section 498-A of IPC compoundable under Section 320 of Cr.P.C., with permission of the Court, as was done by the State of Andhra Pradesh.
The court made these observations during the hearing of a petition filed by one Siddhivinayaj Virdhe and his wife who sought quashing of an FIR registered against him in Solapur
The couple submitted that they have resolved the dispute and requested the court to quash the FIR registered under domestic violence charges.
The court accepted the couple’s request but remarked that a large number of writ petitions and applications are filed in this court seeking to quash FIR u/s 498A of IPC by stating that parties have settled.
As per the Bench, it will be in the interest of all concerned parties if offense u/s 498A is made compoundable with certain safeguards.
Whenever there is discord between a wife and husband it leads to various litigations, added the court. As many times proceedings are filed in different cities and courts, it becomes difficult for parties to move the High Court to get an FIR and proceedings u/s 498A of IPC quashed.
Significantly, the Bench opined that if offence u/s 498A of IPC is made compoundable with court’s permission then Magistrate can interact with litigants and apply to local courts.
The court asked the State to consider making the offence punishable u/s 498A IPC compoundable u/s 320 CrPC with permission of the Court.
Source : https://lawtrend.in/consider-making-section-498a-a-compoundable-offence-asks-bombay-hc-to-govt/
The request must go from state law panel to make the 498A as civil offence rather than a criminal offence and the section must be made bailable as most cases in recent times are motivated and falsely made up. In may case too I was framed by my spouse with help from NGOs who want to prove their worth of existence