scetion 498A -IPC
Querist :
Anonymous
(Querist) 23 February 2010
This query is : Resolved
is section 498A compoundable, if later the husband and wife files a petition for divorce on mutual consent and the petition is allowed.
Guest
(Expert) 23 February 2010
as the offenceunder section 498 A IPC is non compoundable..... but if wife want to compromise.... then high court can quash the criminal proceeding.....under section 482 crpc
Querist :
Anonymous
(Querist) 23 February 2010
thanks ajitabh....
Sanjeev Panda
(Expert) 23 February 2010
Though the offence under Section 498-A is non compoundable but it can be compounded in larger interest of justice to settle the matrimonial dispute in view of the judgment of the Apex Court in B.S. Joshi and Ors. v. State of Haryana and Anr. (2003) 4 SCC 675, in this case the Hon'ble Supreme Court, after reviewing case law on the subject, quashed the criminal proceedings pursuant to settlement of disputes between husband and wife and on a joint prayer made by them. The Hon'ble Supreme Court held that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 would not be a bar to the exercise of power of quashing it. It was noted that there would be almost no chance of conviction when the complainant was not likely to support the prosecution either because she had resolved disputes with her husband and other family members and as a result thereof, she had again started living with him or had parted company with him or was living happily on her own or had married someone else on earlier marriage having been dissolved by divorce with mutual consent of the parties. The Hon'ble Court was of the view that where in the opinion of the court, chances of an ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the Court may, while taking into consideration the special facts of a case, also quash the proceedings. It was observed that in such matrimonial matters, it becomes the duty of the Court to encourage genuine settlements of matrimonial disputes.
aman kumar
(Expert) 23 February 2010
AGREE WITH S P !!1
Kiran Kumar
(Expert) 23 February 2010
Mr. Panda has provided you with a perfect judgment.
there have been compromise quashing judgments in recent times.
but the one referred by Mr. Panda was the first one regarding S.498-A and still holds good.
Mr.Ajitabh has provided you the direction to file petition for quashing, follow that.
