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The high court was hearing a plea filed by three individuals seeking quashing of FIR registered against them under 498A IPC
A division bench of the Bombay High Court comprising Justice AS Gadkari and Justice SG Dige on Thursday said it could not direct the Union Government to make Section 498A (Cruelty against wife) compoundable.
The Bench made the observations after reading the affidavit filed by the Central Government.
A division bench of Justice Revati Mohite Dere and Justice PK Chauhan in October 2022 had asked the Central Government to consider making Section 498A compoundable.
In response, the central government explained that in cases related to Section 498A, the police conduct a preliminary inquiry and attempt to resolve the matter through mediation. If reconciliation is not feasible, the police officials then proceed to register an FIR
The Union's affidavit stated that if 498A is made compoundable men would compel women to compromise.
"It is a universal truth that if the section is made compoundable, men who have more power and property would be able to compel women into compromise under their own terms by threatening their family. children etc," the affidavit stated
The affidavit further stated that it would not be in the women's interest if 498A is made compoundable.
"Uptil now, it has been the policy of Government of India to take deterrent measures regarding crime committed against women and children. Accordingly, as a nodal Ministry for welfare and development of women, this Ministry reiterates that making section 498A IPC compoundable will not be in the interest of women," the affidavit reads
Case title: Sandeep Sarjerao Sule vs State of Maharashtra
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