'Consider making IPC section for cruelty against wife by husband, his kin compoundable offence'

Mumbai: The Bombay High Court has asked the Centre to consider making cases under Indian Penal Code (IPC) Section 498A, related to harassment and cruelty by husband or his relatives towards the wife, a compoundable offence by which the parties concerned can effect a compromise without having to approach a court.

A division bench of Justices Revati Mohite Dere and Prithviraj Chavan in an order passed on September 23 said the importance of making IPC Section 498A compoundable can "hardly be overlooked or understated", noting that every day a minimum of 10 petitions are heard seeking quashing of cases under the section by consent since it is non-compoundable.

A copy of the judgment was made available on Wednesday.

The order was passed on a petition filed by a man, his sister and mother seeking to quash a FIR registered against them in 2018 by Pune police in Maharashtra. The man's estranged wife had alleged harassment by her in-laws and husband.

When an offence is non-compoundable, if the parties wish to settle the matter the accused persons would have to approach the HC seeking to quash the case.

"The parties concerned have to come personally before the court from wherever they are residing, including from villages, thus incurring tremendous hardships for them, apart from travelling expenses, litigation expenses and staying expenses in the city," the order said.

Apart from the hardships caused to parties, if Section 498A is made compoundable with court's permission, the precious time of the HC can be saved. Cases under Section 498A are not such that a magistrate cannot compound the same with the permission of the said court, it added.

The bench directed Additional Solicitor General Anil Singh to take up the issue before the Union ministry concerned at the earliest.

The petitioners submitted to the court that they have amicably settled their dispute and agreed to give the complainant Rs 25 lakh as a one-time settlement, and have agreed for mutual divorce.

The complainant also submitted an affidavit to the court, stating she was not opposing the plea seeking quashing of the FIR.

The court accepted and quashed the FIR.