Withdrawal 498a case

it is not compoundable but if private case just file a purshis by wife that she does not want to give any evidence.

Criminal Laws, of which IPC is just one act is in the concurrent list and State Governments have the power to amend and alter such sections as the state legislature deems fit.

498a is not the only such section, there are many sections which have variance based on states. Another common example is that 506 II is non-bailable in State of UP and Uttranchal.

In Maharashtra 498a is compoundable owing to the judgment of Mumbai High Court, on the presence of the girl and when the court is satisfied that the compromise is genuine. (Lawyers can mumbai can state, whether the said decision in Madhu Bhatia case has been overruled or not) 

Did they amend the IPC or the CrPc?

Mr. Kapoor,

Thanks for correcting me.

Do you have any links, journals or document to study more on this? If yes, then please send me on my email or post here.

Rocky Smith,

https://lawmin.nic.in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss(35).pdf

You can see under Schdeule VII, list III which is concurrent list, the first two items are:

List III—Concurrent List 

1. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power. 

2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution. 

The whole constitution is available on various websites, also, on every major section wiki has enough material

Also, if you want to know more about the same, read a good commentary on Indian Constitution, I would recommend Commentary by Dr. L M Singhivi.

Regards,

N K Assumi Sir,

This amendment is carried our in CrPC in Andhra Pradesh to make IPC 498a compoundable and that came in force on 1.8.2003.

Regards,

My understanding is, state can't make amendment in IPC. State can make amendment only in CrPC and through that IPC can be enforced. Please correct me if I am wrong.

Mr. Kapoor,

which CrPC has been made amendment in Andra Pradesh to make 498A compoundable?

Rocky Smith,

Your understanding is wrong, whether state can make amendment in IPC or not can not be seen through the prism of 498a being made compoundable in Andhra Pradesh.

States can make amendments in IPC.

Regards,

If you don't fight for what you want, don't cry for what you LOST.

Sir

if 498a chargesheet is filed, but charges are not framed, then can a compromise possible at this stage ?

please reply

Please don't compromise. Go for speedy trial  and get disposed of else it will create lot of problem. Please see the links bellow for those problems.

https://www.lawyersclubindia.com/forum/Lawyer-is-telling-allow-exparte-divorce-to-wife-104622.asp#.U80LMUCm9dg

https://www.lawyersclubindia.com/forum/Is-it-possible-to-appeal-lokadalat-judgment-105524.asp#.U80K00Cm9dg

Vishak,

Compromise is possible at any stage, even after filing ot Chargesheet or even after framing of charges or even after evidence.

Regards,

This is as legal forum.  We are nobody to suggest whether or whether or not you should go for comproimise.  Compromise is personal and social matter.

Legally the stage of compromise is late if it could have been earlier then some pains suffered by both of you could have been averted.

It is still not too late as suggested by Mr Shonee Kapoor.

i just wanted to know being a non compoundable offense , weather discharge application be accepted if she does not appear before court (as mutually agreed) and quashing can be avoided thru high court ?

Thanx a lot.

Vishak,

Quashing is always a safer alternative. Discharge based on compromise may or may not happen in your state as the praactise may be.

Regards,