Many women enter into written agreements with husband saying we are withdrawing cases filed under 498A for having received settlement amount. One should not enter into any written agreement with husband or give any receipt saying I am accepting this settlement amount for withdrawing or weakening case of 498a against my husband, because to punish husbands in 498A is prosecution's case not personal case of women. Many people are not aware it is not legal to claim settlement amount to withdraw case filed under 498A. It amounts to "Extortion" or "Bribery" if you do so. Experts may enlighten me if I am wrong. Once FIR is filed in 498A the ball sets rolling and only HC can quash the 498A under existing laws.
The aim of 498A is only to punish the accused if he is found guilty not to reap monetary benefits to the women. Our criminal law is not yet fashioned to compensate the loss suffered due to crimes, one can only use the Law of Torts to claim compensation or damages arising out of victimization due to offenses under IPC. It is a wrong practise that we witness settlement amounts are paid and even written agreements are entered into by concerned parties. Such written agreements can be presented as evidence against women for Extortion and Threat under IPC.
Out of court settlement for non-compoundable offenses is illegal. If the settlement involves money, then it may be construed as Extortion or threat of punishment. There is every possibility the Court may ask when it is non-compoundable offense how you reached an out of court settlement. Every offense entails criminal and civil liabilities. Civil liabilities are aimed at compensating the victim whereas the criminal liability is aimed at creating a deterrent to ensure such crimes do not recur in future. Hence it becomes a prosecution case because it is the job of State to ensure infusing discipline and set standards of behavior dictated by law in Citizens. Even for compoundable offenses when an offense is committed, the monetary factor is only a function of damages suffered by the victim, not a function of the financial status of the accused who wants to escape punishment of imprisonment. Let me quote an example and explain. A boy is riding a two wheeler and hit by a four wheeler owned by a rich and famous film star. He can claim compensation under MV Act from the concerned Tribunal. Parallel police can file case under IPC for rash driving. The accused is liable for both civil and criminal wrong. Civil liability comes to an end when the boy is compensated for damages suffered by the vehicle, any injury and also agony suffered due to trauma created by accident. Say Tribunal awarded Rs.2.00 lac compensation. The boy decides to withdraw case under IPC which is compoundable, say. But someone guided him saying, the person who hit you is a big shot, he cannot bear imprisonment for even a day so instead of claiming compensation from Tribunal if you pressurize him to undergo punishment of imprisonment, you will get more. So the boy did not file case with Tribunal and waited for out of court settlement. The film star offered Rs.20.00 lacs for withdrawal of case under IPC because he does not want to be imprisoned even for a day and the boy withdrawn the case under IPC following this arrangement. This is illegal and amounts to extortion. That is what I mean by saying "the monetary factor is only a function of damages suffered by the victim, not a function of the financial status of the accused who wants to escape punishment of imprisonment".
