The Bombay High Court said on Thursday that it can’t pass an order to make Section 498A of the Indian Penal Code (IPC) which criminalizes cruelty to a wife at her marital home by the husband or his relatives, a compoundable offence.
A Two-Judges division bench comprising Justice AS Gadkari and Justice SG Dige said that the matter 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 put an adverse impact on the interests of women.
The Court also made it clear, “We have read the affidavit of Union government. We cannot direct them to legislate.”
However, the bench added that it has powers to quash cases where parties consent to the same.
The bench 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 came across this matter when it was hearing a writ petition filed by three members of the same family who had approached the High Court to quash the proceedings under section 498A.
Initially, a bench led by Justice Revati Mohite Dere heard the matter. This bench quashed the FIR file against those three family members and also recommended the Central government to make the offence under Section 498A compoundable.
It also noted that the State of Andhra Pradesh had already made Section 498A a compoundable offence back in 2003. So, it also called for a response from the Union government.
In the affidavit submitted as a reply, the Union Ministry of Women and Child Development mentioned that all matrimonial disputes under section 498A were registered only after the conduction of preliminary enquiry by the police.
After the intervention of the police and enquiry done in the form of mediation, if the compromise attempts fail between the parties only then the FIR is lodged.
It also mentioned a Law Commission report which recorded that it did not have reliable data based on empirical study as regards the extent of alleged misuse of Section 498A.
Later, the matter was reassigned to the present bench.
The bench also granted the petitioners two weeks period to submit their suggestions to the Additional Solicitor General. The Additional Solicitor General will further discuss it with the concerned governmental authorities.
Then, 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
