The Bombay High Court in its order dated December 21, 2021 asked the Maharashtra State government to consider making offence punishable under Section 498A of IPC a compoundable offence. The court also pointed out that the state of Andhra Pradesh is already taking similar 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. Observing how both parties can save expenses, time and energy in the exercise, the Bench quoted:
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.
Case:
The high court was hearing of a petition filed by one Siddhivinayaj Virdhe and his estranged wife Priyanka Bhat who sought quashing of a 2019 FIR registered against him in Solapur. The couple submitted that they had resolved their dispute and requested the court to quash the FIR registered under domestic violence charges.
Bombay High Court:
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. Noting the contentions, the bench said,
We find that the case for exercise of extraordinary jurisdiction of this Court is made out. The dispute that led to the filing of an FIR is a matrimonial dispute which is now resolved. It does not have repercussions on the society at large.
The bench also added,
There is however a wider issue. We note that a very large number of applications and writ petitions are filed in this Court for quashing of FIR filed under section 498A of Indian Penal Code, on the ground that the parties have settled their dispute.
We were of this prima facie opinion, in the light of the fact that the State of Andhra Pradesh by amending section 320 of the Code of Criminal Procedure (CrPC).
The judges further took into account the recommendation made in the 154th report of the Law Commission, to make the offence compoundable. The bench remarked,
These recommendations are eloquent. It would be in the interest of all the parties concerned if the offence under Section 498-A of IPC is made compoundable with the permission of the Court with certain safeguards.
The judges further said that whenever there is a discord between husband and wife, it leads to various litigations.
Invariably prosecutions are launched under Section 498-A of IPC; the proceedings under the Protection of Women from Domestic Violence Act. On most occasions, all these proceedings are generally pending in different cities and, therefore, it is difficult and expensive for the parties to approach the High Court for getting the FIR and other proceedings under Section 498-A of IPC quashed.
If the offence under Section 498-A of IPC is made compoundable with the permission of the Court, the Magistrate can interact with the parties and they can apply to the local Courts, the bench said.
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.
What Is Compoundable Offence?
In certain offences, the parties involved can effect a compromise while the case is under trial in the court. This is called ‘compounding’ and further action in trial is discontinued. Cases in which this is permissible are called compoundable offences. Examples of such offences are Hurt, Wrongful Confinement, Assault, Molestation, Cheating, Adultery etc.
MDO Question
Will this make filing and withdrawing of false 498A cases by wives easier, without repercussions, OR will it be hassle free for the husbands and their families to resolve the matter with ‘amicable settlement’ without the effort of running from one court to another? Leave your thoughts below:
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