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 498A by consent since it is non-compoundable.

“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.

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

“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.

In this case, 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 thus accepted the petition and quashed the FIR.

“The parties are constrained to approach the High Court, as Section 498A is non-compoundable and the only remedy to quash the case, by consent, is filing an application,” the court said.

The bench noted that the Maharashtra government had earlier passed a bill to make IPC Section 498A a compoundable offence and the bill was thereafter sent to the President of India for assent.

The president had then sought comments from the Union government, which opined that diluting the section would not be in the interest of the victim.

In view of this, the Centre had sought further clarification from the Maharashtra government in 2021, but the issue is still pending.

The court further noted that even the Law Commission reports made clear recommendations to make IPC Section 498A a compoundable offence.

“Despite this, Section 498A is still not compoundable,” it said.

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