In a significant ruling, the Supreme Court of India has clarified that a girlfriend or a woman romantically involved with a married man cannot be classified as a “relative” under Section 498A of the Indian Penal Code (IPC). The bench, comprising Justice B.R. Gavai and K.V. Viswanathan, quashed criminal proceedings against the appellant, Dechamma I.M., accused of cruelty and dowry-related offenses. This judgment addresses key legal issues regarding the scope and interpretation of Section 498A, a provision intended to penalize cruelty by the husband or his relatives.
Case Background
The case originates from an FIR filed on April 19, 2019, by the complainant (Respondent No. 2), alleging that her husband, Adishetty, along with his relatives and the appellant, harassed her physically and mentally over dowry demands. The complainant alleged that at the time of her marriage, a dowry of ₹3 lakh, 25 grams of gold ornaments, and other valuables was given to her husband.
Specific allegations against the appellant revolved around her prior romantic relationship with the complainant’s husband, which purportedly continued after the marriage. The complainant claimed that this relationship caused her mental and physical harassment when she confronted her husband. The appellant was also accused of using abusive language toward the complainant over the phone.
After an investigation, a charge sheet was filed on August 1, 2019, naming the appellant under Sections 498A (cruelty by husband or relative), 504 (intentional insult), and 109 (abetment) of IPC, as well as Sections 3 and 4 of the Dowry Prohibition Act, 1961.
The appellant sought quashing of the proceedings under Section 482 of the Code of Criminal Procedure (CrPC), which was denied by the Karnataka High Court in 2021. The appellant then moved the Supreme Court.
Legal Issues
The Supreme Court focused on two primary legal issues:
1. Definition of “Relative” Under Section 498A of IPC:
The Court examined whether a woman romantically linked to a married man could be classified as a “relative of the husband” under Section 498A. This section penalizes cruelty by the husband or his relatives.
2. Connection of Cruelty Allegations to Dowry Demands:
The Court analyzed whether the allegations against the appellant in the FIR and charge sheet indicated harassment linked to dowry demands, which is a prerequisite for invoking Section 498A.
Supreme Court’s Observations
Justice B.R. Gavai, delivering the judgment, relied on the precedent set in U. Suvetha v. State by Inspector of Police and Another (2009), which explicitly clarified the scope of “relative” under Section 498A. The Court reiterated that the term applies only to individuals related by blood, marriage, or adoption.
Justice Gavai observed:
“By no stretch of imagination would a girlfriend or even a concubine in an etymological sense be a ‘relative.’ The word ‘relative’ brings within its purview a status. Such a status must be conferred either by blood or marriage or adoption. If no marriage has taken place, the question of one being relative of another would not arise.”
The Court further noted that allegations of cruelty under Section 498A must involve harassment directly connected to dowry demands. Justice Gavai emphasized:
“Taking the allegations at their face value in the FIR or even in the entire material placed in the charge sheet, there is no averment or material to show that the appellant was in any way concerned with causing harassment to Respondent No. 2 on account of non-fulfillment of demand of dowry.”
The Court concluded that continuing criminal proceedings against the appellant would constitute “an abuse of the process of law.”
Decision
The Supreme Court allowed the appeal, quashing the Karnataka High Court’s order and the criminal proceedings against the appellant in Crime No. 339 of 2019. The charges under Sections 498A, 504, and 109 of IPC, and Sections 3 and 4 of the Dowry Prohibition Act, were annulled in relation to the appellant.
