The Court quashed criminal proceedings against a woman who was accused by her friend’s wife of interfering with their marriage.
On Tuesday, the Allahabad High Court ruled that a husband’s friend cannot be prosecuted under Section 498A of the Indian Penal Code (IPC), which addresses cruelty by a husband or his relatives towards a woman. Justice Anish Kumar Gupta clarified that a husband’s friend does not fall within the definition of “relative of the husband” as per this legal provision.
“From the plain reading of Section 498-A I.P.C., the offence can be made out under Section 498-A I.P.C. only against the husband or the relative of the husband of a woman, who allegedly subjects such woman to cruelty,” the Court said in its September 10 ruling.
The Court was considering a woman’s petition to dismiss proceedings against her under Section 498A of the IPC and the Dowry Prohibition Act. The petitioner was accused by her friend’s wife of ruining their marriage and encouraging him to file for divorce. However, the petitioner contended that she was not a relative of the man but simply a close friend from their college days.
The Court observed that there were no allegations of dowry-related harassment against the petitioner. Additionally, there were no accusations that the petitioner had intentionally caused any harm or danger to the complainant woman’s life, health, or well-being.
“Therefore, from the facts of the instant case no offence under Section 498-A I.P.C., is made out against the applicant herein,” the Court held.
The Court also stated that the provisions of the Dowry Prohibition Act were not applicable in this case, as there were no allegations of dowry-related issues, and the petitioner could not be considered a beneficiary of dowry in any sense.
“Further, there is no allegation of any sort that the applicant herein has ever talked or directly interfered in the matrimonial life of the opposite party no.2 and her husband except she was in talking terms with the opposite party no.2,” it added.
The Court determined that the petitioner had been unjustly prosecuted by the man’s wife, who harbored suspicions of an illicit relationship between them. Consequently, the Court dismissed the proceedings in the Chief Judicial Magistrate’s court in Allahabad and also annulled the charge sheet filed by the police against the petitioner.