Seeking advice on 498A/DP Act case compromise – Is Magistrate/Police c

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From the facts stated, offences under Section 498A IPC and the Dowry Prohibition Act are generally treated as non-compoundable, which means a Magistrate Court or Lok Adalat cannot finally close the criminal proceedings merely on the basis of a private compromise between the parties. Even if a settlement is recorded before the Magistrate or in Lok Adalat, such compromise by itself does not automatically terminate the criminal case. The legally recognised and safest course is to place the settlement before the High Court under its inherent jurisdiction (Section 482 CrPC / corresponding provision) seeking quashing of the FIR or criminal proceedings. Only when the High Court passes a quashing order based on the settlement will the case stand permanently closed and provide protection against future prosecution on the same cause of action. Therefore, if you are considering a compromise, it should ideally be reduced into a proper written settlement and then used to seek quashing before the High Court, rather than relying solely on closure at the Magistrate or Lok Adalat level.

Advocate Pavani Kumari LawRato