The Bombay High Court has quashed an FIR against a man’s girlfriend in a domestic violence case, stating she is not a relative and cannot be charged with cruelty under IPC Section 498A. The FIR, registered in December 2022, was dismissed on January 18 by Justices Anuja Prabhudessai and Nitin Borkar.
The wife alleged that her husband and his parents subjected her to mental and physical cruelty. She claimed her husband had an extramarital affair, leading to frequent quarrels. The wife also mentioned that he received WhatsApp messages from his girlfriend and intended to marry her.
The judges referred to a 2009 Supreme Court verdict defining ‘cruelty’ under Section 498A as conduct likely to drive a woman to commit suicide or cause grave injury to her life or health. It also includes harassment to meet unlawful demands for property or valuable security. The Supreme Court ruled that a girlfriend or concubine cannot be considered a relative under this section, as the status of a relative must be conferred by blood, marriage, or adoption.
The Bombay HC judges emphasized that the girlfriend is not a relative of the husband. The only allegation against her was having an extramarital affair and that the husband was pressuring his wife for a divorce to marry her.
The court noted there were no allegations of abetment against the girlfriend, and the claims did not disclose any cognizable offense. “Subjecting her to criminal prosecution would be an abuse of the legal process,” the judges stated.
Accordingly, the Bombay High Court dismissed the FIR against the girlfriend.
Case Title: Prem Kumar v. The State & Ors. (2024-DHC-621)
