Reporting By: Amit Kashyap
In a significant order, the Bombay High Court has recommended the Central government to make the offence under Section 498A (cruelty to wife by husband, relatives) of the Indian Penal Code compoundable.
A division bench of Justices Revati Mohite Dere and Prithviraj Chavan observed that in cases where there is an amicable settlement, parties have to personally come to the High Court for quashing the proceedings under Section 498A, leading to hardships.
“We may note, that everyday, we have a minimum of 10 petitions/applications seeking quashing of Section 498A by consent, since 498A is a non-compoundable offence. Concerned parties, have to come personally before the Court from wherever they are residing, including from villages, thus incurring tremendous hardships for the parties concerned, apart from travelling expenses, litigation expenses and staying expenses in the city. Parties, if working, are required to take a day off,” the bench noted.
Apart from the hardships caused to parties, the bench said that if Section 498A is made compoundable with the permission of the concerned court hearing the case, precious time of the High Court can be saved.
The High Court noted that the State of Andhra Pradesh had made Section 498A compoundable way back in 2003.
“We direct the registry to forward a copy of this order to the Additional Solicitor General, for taking necessary steps or action and to enable him to take up the issue before the concerned Ministry, at the earliest,” the bench ordered.
The bench was hearing a petition wherein three members of a family had approached Justice Dere’s bench to quash the proceedings under Section 498A.
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Judgements In Criminal Law 