Cruelty : A Non-Compoundable Offence

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, CRIMINAL APPELLATE JURISDICTION

Abasaheb Yadav Honmane versus The State of Maharashtra and Ashwini Abasaheb Honmane
Judgment delivered on: March 12, 2008

An offence of cruelty under IPC 498-A is not merely a crime between husband and wife but a crime against society, and therefore the parties themselves cannot compound the offence.

Addendum (March 13, 2008):

Firstly, considering that the offence is non-compoundable, I don’t know why this judgment was required.

As far as its being compoundable or not is concerned: I’m not sure…
Somehow, no matter how much I stretch my imagination, I don’t see cruelty being treated as an offence every time it occurs as a matter of course and until that happens — assuming that it happens at all — I think that judgments such as this may be by and large pointless.
Trying to privately settle a dispute involving DV may be an act of stupidity combined with optimism but the bottomline for the woman involved could quite easily be that on one hand, she is financially dependant on the perpetrator and can’t afford to have him go to gaol while on the other, her friends/family/neighbours are giving her hell for not being a ‘better’ wife etc.

Theoretically, I think that they judgment’s a good idea. Practically, I suspect that it may wind up causing the woman involved even more pain.

And as for it being a crime against society, I doubt society would agree considering that it usually does absolutely nothing unless, of course, bitching out the woman counts.

Just came across this Delhi High Court as well: http://courtnic.nic.in/dhcorder/dhcqrydisp_J.asp?pn=4376&yr=2007