Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code (IPC).

A division bench of Justices Vibha Kankanwadi and Vrushali Joshi quashed the chargesheet and other proceedings pending against one Vaishali Gawande, before a court in Chandrapur district.

"As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. As the charge-sheet is filed against this applicant, who is not the relative and only because allegations are made that the husband of the complainant is having extra marital affair with this applicant, the charge-sheet filed against her which is illegal, according to law. Hence, the criminal application is allowed," the judges said.

According to the prosecution case, the complainant lodged a complaint against her husband and also named the applicant, whom she alleged, had an extra marital affair with her husband. She alleged that because of the applicant, the husband subjected the complainant to cruelty.

Therefore, the police named the applicant in 2020. The police even filed a chargesheet against the applicant. However, the applicant mover the High Court challenging the chargesheet and also her implication in the case arguing that she was not a relative of the complainant's husband and thus could not be roped in the 498A case.

The judges agreed with the applicant's contention and quashed the chargesheet.

Appearance:

Advocate SB Raut appeared for the Applicant.

Additional Public Prosecutor MK Pathan represented the State

Case Title: Vaishali Gawande vs State of Maharashtra (Criminal Application 622 of 2020)

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