Wife-beating cases: Maha amends law to allow out-of-court settlement

The Times of India 19 March 2008 P. 19 Delhi

Fifteen years after cruelty to wives was introduced as a serious offence in India with no provision to enable the wife to withdraw her complaint, the Maharashtra government has decided to amend the law to allow for an out-of-court settlement.

The state government’s decision is significant because only last week the Bombay HC held exactly the opposite — that a wife could not withdraw charges of cruelty against her husband or opt for an out-of-court settlement. The full bench had added that such cases could at best be quashed, but sparingly so, by HCs. Cruelty to wife is a cognisable, non-bailable offence under Section 498-A of the IPC that attracts up to three years in jail and a fine.

Last month, Maharashtra asked the Centre to approve its decision to amend 498-A and make it ‘compoundable’ — in other words, to allow the wife to withdraw her charges against her husband and in-laws and mutually settle the case out of court.

The state is hopeful that the Centre will approve the amendment soon since there is a precedent: Andhra Pradesh has permitted wife-beating cases to be mutually settled by husband and wife.

Maharashtra, a state known for its progressive legislations, has decided that ‘‘mutual settlement’’ ought to be permitted so that ‘‘genuine cases’’ are not deprived of an early closure, said a law department official. ‘‘The most flimsy cases are filed,’’ he said. ‘‘One slap has also resulted in a 498-A case’’.

The state said in its note to the Centre that there were cases where the couple patched up after a complaint was lodged and the husband arrested. Despite their patching up, however, the criminal proceedings continued.
With thanks from The Time of India
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