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 determined that a husband’s friend cannot be prosecuted under Section 498A of the Indian Penal Code (IPC), which pertains to cruelty by a husband or his relatives towards a woman. Justice Anish Kumar Gupta specified that a husband’s friend does not qualify as a “relative of the husband” under 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 reviewing 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 damaging their marriage and persuading him to file for divorce. However, the petitioner argued that she was merely a close friend from college, not a relative of the man. The Court noted that there were no allegations of dowry-related harassment against the petitioner and no claims that she had intentionally caused any harm or risk to the complainant’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 noted that the Dowry Prohibition Act did not apply in this case, as there were no allegations related to dowry issues, and the petitioner could not be regarded as a beneficiary of dowry in any manner.
“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 concluded that the petitioner had been unfairly prosecuted by the man’s wife, who harbored suspicions of an illicit relationship between them. As a result, the Court dismissed the proceedings from the Chief Judicial Magistrate’s court in Allahabad and also annulled the charge sheet filed by the police against the petitioner.
