The Bombay High Court has quashed an FIR filed against a man’s girlfriend in a domestic cruelty case, ruling that she cannot be prosecuted under IPC Section 498A as she is not a “relative” of the husband.
On January 18, Justices Anuja Prabhudessai and Nitin Borkar allowed the girlfriend’s plea, setting aside the December 2022 FIR lodged at Surgana police station in Nashik Rural. The FIR included charges under IPC Section 498A, which deals with cruelty to a wife by her husband or his relatives.
The couple had married in July 2016. The wife alleged that her husband and his parents subjected her to physical and mental cruelty. She further claimed that her husband was in an extra-marital relationship, often received WhatsApp messages from his girlfriend, and intended to marry her.
The judges referred to a 2009 Supreme Court ruling that defined “cruelty” under Section 498A as conduct likely to drive a woman to suicide or cause grave harm, or harassment aimed at forcing her or her relatives to meet unlawful demands. The Supreme Court also held that a girlfriend or concubine cannot be considered a “relative,” as this status comes only through blood, marriage, or adoption.
Citing this, the Bombay High Court concluded that the girlfriend is not a relative of the husband. The only allegation against her was having an affair and the husband’s pressure on his wife for divorce. The court found no claims of abetment or any offence against her.
The bench stated that continuing proceedings against her would be an abuse of legal process, as even if the allegations were accepted as true, they did not constitute a cognisable offence.
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