Bombay High Court Questions Maha Govt's Decision To Withdraw Proposal To Amend S.498A IPC, Make It Compoundable

The Bombay High Court on Tuesday questioned as to how the Maharashtra government could withdraw the proposed amendment to Section 498A of the Indian Penal Code (IPC), which was passed by the State Assembly in 2018 recommending to make it a compoundable offence.

A division bench of Justices Manish Pitale and Manjusha Deshpande was informed that the State Assembly had in 2018 proposed amendment to Section 498A of the IPC, making it a compoundable offence. However, recently, the State Government withdrew the said proposal.

The said proposal was sent through the Union Government for the assent of the President of India. However, the government withdrew the said proposal.

Noting the same, Justice Pitale questioned how the State Executive could withdraw a decision taken by the State Legislature.

"This is a very serious matter... And what we hear is that the Executive has withdrawn the proposed amendment... How can the Executive withdraw it when the Legislature has passed the said amendment... There is something called separation of powers..." Justice Pitale orally observed.

The judge further questioned the role of the Union government in this entire process.

"The Union too cannot act as if it is unable to understand... It could not allow the Executive to withdraw a decision the Legislature... But it appears nothing much has been done (by the Union)...." the judge observed orally.

"It is a matter of debate but the forum for it is not this court but the Legislature itself... This is a very serious matter and we hope by next hearing the Union and also the State would clarify their stands on this issue," the bench said while adjourning the hearing till December 16.

Notably, the High Court had in October 2022, sought the Union's response on whether the offence under section 498A could be made compoundable.

"We may note, that everyday, we have a minimum of 10 petitions/applications seeking quashing of Section 498A by consent, since 498A is a non-compoundable offence. 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," a bench led by Justice Revati Mohite-Dere had observed in the order, then.

Justice Mohite-Dere's bench was then hearing the matter, had then noted that the State of Andhra Pradesh had already made Section 498A compoundable way back in 2003. It had therefore, ordered the Additional Solicitor General to take up the issue before the concerned Ministry, at the earliest. The said order was passed on a plea filed by three members of a family, who were booked under section 498A and they sought to quash the said proceedings.

The bench had then noted that the three petitioners lived in three different and far off districts - Pune, Satara and Navi Mumbai and were compelled to travel all the way to Mumbai to attend the proceedings as they had to remain personally present for the hearing.

The bench quashed the FIR lodged against the applicants in Pune's Hadapsar police station given the amicable settlement between the complainant woman and her in-laws. It noted that the woman has agreed to get the FIRs quashed after she was paid ₹10 lakh out of the total ₹25 lakh alimony.