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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     06 September 2021

Can the lokadalath compound/compromise 498a case

In Social Action Forum Manav for Manav Adhikar and another v Union of India Ministry of Law and Justice and others,  the full judge bench of Supreme Court has laid down guidelines for quashing 498A cases. The bench said only high courts are empowered to quash the criminal complaint of 498A.

But can the LOKADALATHS Compound/compromise the 498A cases?



 4 Replies

Shital Panwar   06 September 2021

I think, no

Pradipta Nath (Advocate)     06 September 2021

Lok Adalat cannot compound the 498a offence. It comes into the purview when both the husband and wife compromised.

minakshi bindhani   07 September 2021

Hello
As per your query, the offence under Sec 498-A is cognizable and non-bailable which is mentioned in schedule 1 of Cr.P.C. Moreover under section 320 of Cr. P.C mentioned it is not a compoundable offence.

In the case of Social Action Forum Manav for Manav Adhikar and Another v Union of India, the Supreme Court made an observation and had issued directions to prevent purported misuse of Sec 498-A.
1. The most important direction given was about the establishment of Family Welfare Committees to look into complaints filed under Sec 498-A.
2. The court also directed that no arrest in the matter shall be made unless the Committee’s report is received.
3. It was also stated that in cases where a settlement has been reached, it may be open to the District and Sessions Judge or any other senior Judicial Officer to dispose of the proceedings including closing of the criminal case under S.482 Cr.P.C. if dispute primarily relates to matrimonial discord.

As per your concerns if both parties are interested in an amicable settlement of the case they may file a complaint under the section about the settlement. when the settlement has reached, it is open for the High court to quash the matter under s.482 Cr.P.C.
Hope it clarifies your issues!

Regards
Minakshi Bindhani

ravi kambhampati   07 September 2021

sec 498A can be compound before the court or lok Adalat. however with 3 months waiting period on conformation.
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