Husband’s friend cannot be prosecuted for cruelty under Section 498A IPC: Allahabad High Court

The Allahabad High Court on Tuesday held that a husband’s friend cannot be prosecuted under Section 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code (IPC)..Justice Anish Kumar Gupta said a friend of a husband cannot be in any way covered within the phrase of "relative of the husband" under the penal provision.“From the plain reading of Section 498-A I.P.C., the offence can be made out under Section 498-A I.P.C. only against the husband or the relative of the husband of a woman, who allegedly subjects such woman to cruelty,” the Court said in its September 10 ruling..The Court was hearing a woman’s petition to quash proceedings against her under Section 498A of IPC and provisions of the Dowry Prohibition Act.She (petitioner) had been accused by her friend's wife of spoiling their marriage and instigating him to file a divorce petition. However, the petitioner’s argument was that she was not a relative of the man but a good friend from their college days..The Court noted that there was no allegation of any harassment for a dowry demand against the petitioner. There was also no accusation of any willful conduct by the petitioner to instigate suicide or cause grave injury or danger to the complainant woman's life, limb or health, it added“Therefore, from the facts of the instant case no offence under Section 498-A I.P.C., is made out against the applicant herein,” the Court held.Similarly, the Court said the provisions of the Dowry Prohibition Act would also not be attracted in the case as there was no such allegation and she (petitioner) cannot by any stretch of imagination be said to be a beneficiary of any dowry.“Further, there is no allegation of any sort that the applicant herein has ever talked or directly interfered in the matrimonial life of the opposite party no.2 and her husband except she was in talking terms with the opposite party no.2,” it added..The Court thus concluded that the petitioner had maliciously been prosecuted by the man’s wife due to her suspicion of an illicit relationship between them.Therefore, it quashed the proceedings pending in the court of Chief Judicial Magistrate, Allahabad as well as the charge sheet filed by the police against the petitioner.Advocates Pradeep Kumar Singh, Santosh Kumar Upadhyaya and Rishab Kumar Pandey represented the petitioner.Advocate Ramesh Chand Yadav represented the complainant. Advocate Kamlesh Kumar Tripathi represented the State..[Read Judgment]