Facts of the Case – inn the case of Sandeep Sule v State of Maharashtra Bombay High Court said that it cannot pass a direction t make section 498A of IPC a Compoundable offense as it will adversely affect women only.
A writ petition was filed by a three member family before High Court to quash the proceedings under section 498A of IPC. The matter was heard by a bench headed by Justice Revati Mohiti Dere, bench quashed the FIR and recommended the Central Government to make 498A a compoundable offense.
The petitioner also argued that Andhra Pradesh High Court had made it compoundable offense in 2003 itself. It has also showed some data basis on Judges discretion that 8out of 10 cases are solved with the mediation only.
A division bench of Justice AS Gadkari and SG Dige said that the said issue falls within the domain of the legislature and it can give a direction for the said matter.
Petitioner argued that
The respondent party Union Ministry of Women and Child Development argued that all the matrimonial disputes under section 498A of IPC was registered only after a preliminary enquiry conducted by the police. If after the enquiry the mediation cell fails to reach a compromise between the parties only in that situation a FIR is lodged.
Finally the court said that it can not interfere in a legislative issue.
Written by – Nikita Soni, College Name – YCLC Law College Pune, Semester – 7th inter under Legal Vidhiya
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