The Bombay high court has asked the central government to expeditiously decide on a proposal forwarded by Maharashtra to make matrimonial violence cases under section 498A of the Indian Penal Code compoundable so that they can be quashed with the trial court’s permission after both parties have reached an amicable solution. Additional solicitor general Anil Singh has been directed to pursue the matter with the central ministry concerned.
Though the order was passed on September 23, it was uploaded on Tuesday.
Referring to the National Crime Records Bureau (NCRB) data for 2020, the HC said 1,11,549 cases were registered under section 498A across the state and 1,20,306 arrests were made. Since these offences are non-compoundable, the parties are required to approach the HC if they want to quash them by consent, but visiting the court for this purpose is not affordable for many litigants, it said.
A division bench of justice Revati Mohite Dere and justice Prithviraj Chavan made the observations while hearing a petition filed by the husband and in-laws of a woman. It was informed that the woman agreed to withdraw her complaint registered against them at Hadaspur police station after they had reached a settlement where they would pay her ₹25 lakh as a permanent alimony.
While allowing the FIR to be quashed, the bench said it was concerned about the number of such cases being filed in the HC. “We may note here, that every day, we have a minimum of 10 petitions/applications seeking to quash section 498A cases by consent.”
The NCRB report also showed that in 2020, as many as 16,151 cases were closed by the police either because they were false or there was a mistake of fact or law, or it was a civil dispute etc., the court said. “About 18,967 cases were tried in courts of which 14,340 led to acquittal and 3,425 resulted in conviction. Cases under 498A pending trial at the end of 2020 were 6,51,404 with a pendency percentage of 96.2.”
The bench then referred to the submissions by advocate general Ashutosh Kumbhakoni that a bill to make the section 498A cases compoundable by a trial court order had been passed by both houses of the state legislature in 2018. Thereafter, the bill was sent to the President for his assent after which it was forwarded to the ministry of women and child development, but it had not approved it yet.
The HC has set December 19 as the next date of hearing.
Cases under section 498A have already been made compoundable in Andhra Pradesh for around two decades.
Section 320 of the Criminal Procedure Code contains two lists of compoundable offences. One set of crimes is made compoundable by the victim following an amicable settlement with the perpetrator, whereas the second set requires the permission of the court to compound the case and close it.