Bombay High Court Quashes FIR Against Husband’s Girlfriend in Domestic Violence Case
The Bombay High Court has ruled that a husband’s girlfriend cannot be charged under Section 498A of the Indian Penal Code (IPC), which deals with cruelty by a husband or his relatives. The court noted that since the girlfriend is not a relative by blood, marriage, or adoption, she cannot be held accountable under this section.
The judgment came on January 18, when Justices Anuja Prabhudessai and Nitin Borkar quashed the December 2022 FIR registered against the girlfriend at Surgana police station (Nashik Rural).
Wife’s Allegations Against Husband and Girlfriend
The case involved a couple who got married in July 2016. The wife alleged that her husband and his parents subjected her to mental and physical cruelty. She further claimed that her husband was having an extra-marital affair, which caused frequent disputes. According to her, he received WhatsApp messages from his girlfriend and even expressed his intention to marry her.
Why the Court Quashed the FIR
The judges referred to a 2009 Supreme Court ruling, which explained the definition of “cruelty” under Section 498A IPC. The law states that cruelty involves:
- Acts that drive a woman to suicide or cause grave harm to her health
- Harassment with the intent to force a woman or her relatives into giving property or valuables
The Supreme Court had also ruled that a girlfriend or concubine cannot be considered a relative. Therefore, a girlfriend cannot be prosecuted under Section 498A IPC, which applies only to relatives.
Court’s Final Verdict
The Bombay High Court ruled that:
- The girlfriend is not a relative of the husband.
- There are no allegations of abetment against her.
- Even if the accusations are true, no criminal offense is disclosed.
- Subjecting her to prosecution would be an abuse of legal process.
With these observations, the court quashed the FIR against the girlfriend, emphasizing that she cannot be held responsible for the husband’s actions.
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