Hazardous To Force Parties To Litigate Despite Compromise In Domestic Violence Cases U/S 498A IPC: Bombay High Court

"The interest of justice is to foster and cement the bondage of togetherness of the nucleus of the society, that is the family. It will be hazardous to the society to force the parties to litigate over an issue in such matters especially when the parties have come to a compromise and they want to live a happy life."

A bench of Justices Vibha Kankanwadi and Rajesh Patil noted that refusing to quash disputes despite amicable settlements, would be a "dis-service to the society for the protection of which the courts exits."

"No doubt the matrimonial offences are a slur on our society and the legislature in its wisdom thought it proper to curb the menace of such type of matrimonial disputes with conviction but this does not mean that the interest of justice, which is supreme of all the laws and for which the courts exits to be also sacrificed at the alter of technicalities."

Observing thus, the bench quashed a domestic violence (498A) case filed by the wife against her husband and his family members on a criminal application filed by the latter under section 482 of the CrPC.

Live Law recently reported an order wherein a coordinate bench of the HC asked the Union to consider allowing the Maharashtra bill to make 489A of the IPC a compoundable offence. Compoundable offences are those which can be settled with the permission of the local court. However, non-compoundable offences are those that cannot be settled and would require the assent of the HC.

In the case at hand, the husband and his parents were booked under sections Sections 498A, 323, 504 r/w 34 of the Indian Penal Code by the Vajirabad Police Station in Nanded in 2020. The present FIR was registered soon after the husband filed for restitution of conjugal rights.

The couple was married in 2017 and had one son from their marriage. Their counsel submitted that the parties had arrived at a compromise and there was no use of dragging them to court for completion of formalities of the case when they wanted to move on and lead a happy life.

The division bench agreed with the counsel's submissions and quashed the proceedings accordingly.

Case Title: Yash and Ors. Versus The State of Maharashtra and Anr.

Citation: 2022 LiveLaw (Bom) 391 

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