Going beyond the provisions of law that do not allow dowry harassment cases to be compromised between parties in court, the Supreme Court opened a window of hope for warring couples to settle criminal cases by entering into a genuine compromise.
In a recent decision, the apex court held that where a High Court is convinced that a genuine compromise was reached between two parties, it may consider quashing the dowry harassment case. The bench of Justices Ranjana Desai and NV Ramana, however, said that grave offences like rape and murder cannot be compromised as they are crimes against society.
Dowry harassment cases, on the other hand, are of the nature of a personal dispute, it said. The bench held, “It is not possible to permit compounding of offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. However, if there is a genuine compromise between husband and wife, criminal complaints arising out of matrimonial discord can be quashed, even if the offences alleged therein are non-compoundable, because such offences are personal in nature and do not have repercussion on society, unlike heinous offences like murder, rape etc.”
In doing so, the court held that the concerned High Court must exercise discretion depending on facts and circumstances of each case. “Offences which involve moral turpitude, grave offences like rape, murder etc. cannot be effaced by quashing the proceedings because that will have harmful effect on the society,” the bench said. The High Court must be convinced that the offences are entirely personal in nature and therefore do not affect public peace or tranquility, the court said. The verdict came on a bunch of petitions by convicts who challenged the order passed by High Courts rejecting to quash proceedings despite the parties having reached an amicable settlement.