The Bombay High Court has ruled that the relatives of a husband cannot be charged under Section 498A of the Indian Penal Code (IPC) just because they advised his wife to tolerate his cruel behavior. This ruling came while reviewing a criminal application filed under Section 482 of the Code of Criminal Procedure. The application sought to dismiss a First Information Report (FIR) related to offenses under Sections 498-A, 376, and 34 of the IPC.
In this case, the applicants are the relatives of the accused husband. The FIR had been registered against them for offenses under Sections 498-A and 376. The wife, who is the respondent in this case, alleged that after her marriage, she experienced both physical and mental abuse from her husband and his family, leading to two miscarriages. Additionally, her husband had extramarital affairs and forced her into unwanted physical relations. The complaint claimed that the in-laws did not intervene and instead suggested she tolerate the abuse. While some accused were acquitted, others faced trial.
Justices Bharati Dangre and Manjusha Deshpande noted that merely advising the wife to endure the husband’s behavior does not amount to committing the alleged offenses. They emphasized that it would be unjust to prosecute the applicants for the conduct of the accused husband. The Court observed that none of the witness statements supported claims of mistreatment by the applicants. Furthermore, the allegations in the complaint were deemed too general and vague to substantiate any claims of cruelty.
The Court also highlighted a growing trend where in-laws and relatives are being wrongly implicated under Section 498-A. They referenced a Supreme Court decision in Achin Gupta v. State of Haryana, where the legislature was urged to reconsider the provisions of Section 498A.
In conclusion, the Bombay High Court quashed the FIR against the applicants, reaffirming that advising a wife to endure her husband’s behavior does not constitute a criminal offense.
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