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Synopsis

The Division Bench of Bombay High Court comprising Justice Revati Mohite Dere and Justice Prithviraj K. Chavan, directed the Registry to forward the copy of the order to the Additional Solicitor General to take up the issue making Section 498-A compoundable with the ministry.

The bench was dealing with a matter for quashing of FIR lodged under Section 498-A, 323, 504 r/w 34 of the Indian Penal Code 1860.

The bench noted that:

“We may note here, that everyday, we have a minimum of 10 petitions/applications seeking quashing of Section 498A by consent, since 498A is non-compoundable. 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 court while considering the precious time of the court which can be saved if the offense is made compoundable noted that:

“Apart from the hardships caused to parties, if Section 498A is made compoundable with the permission of the Court, precious time of the Court can be saved. Cases under Section 498A are not such, that a Magistrate cannot compound the same, with the permission of the said Court.”

The court in its order also took note of the National Crime Record Bureau. While referring to the data, the court stated that

"111,549 cases were registered under 498A in 2020. Of these, 5,520 were closed by Police citing as false and overall 16151 cases were closed by police either because they were false or there was a mistake of fact or law or it was a civil dispute etc. That is 14.4% of cases were closed by police for not finding merit in the case. 96,497 men, 23,809 women were arrested under 498A, making total arrests under this section 1,20,306. 18,967 cases were tried in courts of which 14,340 led to acquittal and 3,425 led to conviction. 498A cases pending trial at the end of 2020 are 651,404 with a pendency percentage of 96.2%."

The bench also stated that the State of Andhra Pradesh had made Section 498-A compoundable way back in 2003 with the permission of the court.

The court while directing the ASG to take up the issue with the Ministry also referred to the Judgements of the Apex Court and to 243rd Report, 154th Report, and 237th Law Commission Report suggesting making Section 498-A compoundable.

Case Title: Sandip Sarjerao Sule & Ors. vs State of Maharashtra & Ors.