The Bombay High Court has stated that it does not have the authority to pass directions to make Section 498A of the Indian Penal Code (IPC), which criminalizes cruelty to wives by husbands or their relatives, a compoundable offence. The court made this observation in response to an affidavit filed by the Central government, which expressed concerns that making Section 498A compoundable would negatively impact the interests of women.
A division bench comprising Justices AS Gadkari and SG Dige highlighted that the issue falls within the purview of the legislature. The court clarified, "We have read the affidavit of the Union government. We cannot direct them to legislate." However, the bench noted that it does possess the power to quash cases when both parties consent to it.
The bench emphasized the effectiveness of mediation in resolving disputes, stating that, in their experience, eight out of ten matters referred to mediation are successfully resolved. The court recognized the clarity of the government's position on the matter.
The writ petition before the court was filed by three members of a family seeking to quash proceedings under Section 498A. Initially, the case was heard by a bench led by Justice Revati Mohite Dere, which not only quashed the FIR against the family members but also recommended that the Central government consider making the offence under Section 498A compoundable. The bench also noted that the State of Andhra Pradesh had made Section 498A compoundable in 2003.
The Union Ministry of Women and Child Development, in its reply affidavit, explained that all matrimonial disputes under Section 498A of the IPC are registered only after a preliminary inquiry is conducted by the police. It further referred to a Law Commission report that lacked reliable data on the extent of alleged misuse of Section 498A.
The present bench has granted the petitioners two weeks to submit their suggestions to the Additional Solicitor General, who will subsequently discuss them with government authorities. The case will be heard after this process takes place.
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