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The Supreme Court in a brief order passed in Ramgopal vs. State of M.P. observed that the offences under Section 498A, among others, can be made compoundable by introducing suitable amendment to law. The Bombay High Court14, as long back as in 1992, made a strong suggestion to amend Section 320 of CrPC in order to include Section 498A within that Section.
15In the case of Preeti Gupta vs. State of Jharkhand , the Supreme Court, speaking through Dalvir Bhandari, J. exhorted the members of the Bar to treat every complaint under Section 498A as a basic human problem and to make a serious endeavour to help the parties in arriving at amicable resolution of that human problem. The Supreme Court then observed that the Courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration. Further, it was observed: "Before parting with the case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases". The Supreme Court then made these observations: "It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law. We direct the Registry to send copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon'ble Minister for Law & Justice to take appropriate steps in the larger interest of the society".
Dr. Bimal Patel, Director, GNLU, Gandhinagar, Gujarat - The Police should investigate the case and only on satisfaction of commission of offence under 498-A they should think of arrest. Making the offence bailable solves the problem to certain extent, though there are divergent views. The recourse can also be taken to Section 437 Cr. P.C. The offence can be made compoundable with the permission of Court. There should be better coordination between the LSA (Legal Services Authority) and Police. CWC should be under the control of Inspector level woman officer.
5. *Home Secretary, Chandigarh Administration No immediate arrest. After FIR initially preliminary investigation be done with relatives and neighbours. Make it Non-bailable and compoundable. LSA & police station should work for amicable reconciliation. CWC should have lady police officers who can handle domestic problems and pre-complaint counseling. They should be given training time to time about amendments in criminal laws and latest judgement of courts in such cases.