Section 498A IPC Is Indeed Being Misused, Even Bed-Ridden Persons Are Being Roped In: Bombay High Court Observes Orally
The Bombay High Court on Wednesday reiterated its concerns over the rampant misuse of section 498A of the Indian Penal Code (IPC).
A division bench of Justices Ajay Gadkari and Dr Neela Gokhale while maintaining that they do have "sympathy for the victims" of the offences under section 498A, said they yet feel that the law is being misused.
"Mr counsel, we can say that 498A is being misused, rampantly. We are having sympathy for the victim of that crime but the fact remains that the provision is being misused. We understand allegations are made against the husband but why to rope in other relatives? We have seen so many cases wherein right from the grandmother to grandfather, even bedridden members of the family are also impleaded and have to face trial. We do not appreciate this," the judges orally remarked.
The judges further opined that thousands of cases lodged under section 498A, which are pending in various courts across the State, can be disposed of if the Union Government spells its stand on whether the offences under this provision could be made compoundable.
However, advocate DP Singh, representing the Union Government, sought more time from the bench for specifying it's stand on the issue.
The judges, therefore, adjourned the hearing till August 22.
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.
The coordinate bench, which 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.
The matter will be next heard on August 22.
Appearance: Dr. Abhinav Chandrachud with Adv. Datta Mane and Unnati Ghia.