Cannot Pass Directions to Make Section 498A IPC a Compoundable Offence, says Bombay HC

On Thursday, the Bombay High Court said that it cannot pass directions to make Section 498A of the Indian Penal Code (IPC) which criminalizes cruelty to a wife by the husband or his relations, a compoundable offence.

A division bench comprising of Justices AS Gadkari and SG Dige said that the issue comes within the domain of the legislature and also noted that the Central government had filed an affidavit stating that making Section 498A a compoundable offence will adversely impact the interests of women.

The Court also made it clear, “We have read the affidavit of Union government. We cannot direct them to legislate.”

The bench, however, added that it possesses powers to quash cases where parties consent to the same.

The bench further said, “In our experience, we have seen that out of 10 matters, if all are sent to mediation, 8 matters are worked out and 2 matters may have some problem. But their stand is clear.”

The bench was hearing a writ petition filed by three members of a family who approached the High Court to quash the proceedings under Section 498A.

Initially, a bench headed by Justice Revati Mohite Dere, heard the matter. Along with quashing the FIR against those three family members, the bench also recommended the Central government to bring the offence under Section 498A into the category of a compoundable one.

The bench also noted that the State Bank of Andhra Pradesh had made this Section compoundable years ago in 2003.

It, therefore, sought for a response from the Union government.

In the replying affidavit, the Union Ministry of Women and Child Development stated that all matrimonial disputes under section 498A of IPC were registered only after the preliminary enquiry was conducted by the police.

And after the enquiry as the form of mediation, if the mediation efforts fail to make compromise between parties only then FIR is lodged.

It also mentioned a Law Commission report which recorded that it did not have any reliable data based on the empirical study as regards the extent of alleged misuse of Section 498A.

The matter later was reassigned to the current bench.

Today, the bench granted the petitioners a timespan of two weeks to submit their suggestions to the Additional Solicitor General who will further discuss the matter with the government authorities.

Thereafter, the case will be heard.

Source: https://www.barandbench.com/news/litigation/bombay-high-court-says-it-cannot-pass-directions-to-make-section-498a-ipc-a-compoundable-offence