Path: Home » NEWS against MEN » 498A/ Domestic Violence » Bombay HC Quashes FIR Against Man’s Girlfriend in Domestic Violence Case

Bombay HC Quashes FIR Against Man’s Girlfriend in Domestic Violence Case

Section 498A. indianman.in

In a recent ruling, Justices Anuja Prabhudessai and Nitin Borkar of the Bombay High Court allowed the plea of a man’s girlfriend on January 18. They quashed the FIR filed in December 2022 against her at the Surgana police station (Nashik Rural) under IPC sections, including 498A (cruelty to wife by husband or his relatives).

The couple, married since July 2016, faced issues as the wife alleged mental and physical cruelty by her husband and in-laws due to his extramarital relationship. The frequent quarrels were sparked by WhatsApp messages from the girlfriend, with claims that the husband intended to marry her.

Referring to a 2009 Supreme Court verdict, the judges explained the two-fold definition of ‘cruelty’ under Section 498A. They emphasized that a girlfriend, in no sense, could be considered a relative. The status of relative, according to the apex court, must be established through blood, marriage, or adoption.

The High Court judges concluded that the girlfriend is not a relative of the husband. They highlighted that the only allegation against her was the extramarital affair, and her involvement did not constitute abetment or disclose any cognizable offense. Subjecting her to criminal prosecution, they argued, would be an abuse of the legal process.

Leave a Reply

Your email address will not be published. Required fields are marked *