The Nagpur Bench of the Bombay High Court, in a significant ruling, has quashed the criminal proceedings against an individual who was accused under Section 498-A of the Indian Penal Code (IPC). The court’s decision emphasized that Section 498-A, which penalizes cruelty by a husband or his relatives towards a woman, cannot be applied to someone who is not a relative of the husband.
Case Background
The case originated from a complaint filed by a woman against her husband and the applicant, alleging that the husband’s extramarital affair with the applicant led to her harassment and torture. As a result, the police initially registered a case under Section 498-A against the husband. However, during the investigation, the applicantโs name was added to the charge sheet, accusing her of contributing to the alleged cruelty.
The First Information Report (FIR) was registered under a specific crime number, and the case was taken up by the Judicial Magistrate First Class in Chandrapur under a regular criminal case.
Legal Issues Involved
The central legal issue in this case revolved around the applicability of Section 498-A of the IPC. This section specifically pertains to cruelty by a husband or his relatives. The applicant, through her counsel, contended that she is not a relative of the husband and, therefore, cannot be prosecuted under this provision. The argument emphasized that merely being involved in an alleged extramarital affair does not bring a person within the ambit of Section 498-A.
Courtโs Decision
The Division Bench, comprising Justice Vibha Kankanwadi and Justice Vrushali V. Joshi, delivered an oral judgment on July 11, 2024. The court observed that the charge sheet was filed against the applicant without proper verification of whether Section 498-A could indeed be applied to her.
Quoting the relevant part of Section 498-A, the court highlighted:
โ498-A: Husband or relative of husband of a woman subjecting her to crueltyโWhoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.โ
The court pointed out that since the applicant is not a relative of the womanโs husband, the provisions of Section 498-A do not apply to her. The court further declared that the inclusion of her name in the charge sheet was illegal and contrary to the legal requirements of Section 498-A.
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Final Judgment
In conclusion, the Bombay High Court quashed the charge sheet filed against the applicant, thus setting aside the proceedings initiated against her under Section 498-A of the IPC. The court’s decision underscores the importance of adhering to the specific legal definitions and relationships prescribed under the IPC when applying criminal charges.
