Husband's friend cannot be prosecuted for cruelty under Section 498A of IPC

Husband's friend cannot be prosecuted for cruelty under Section 498A of IPC

In a landmark judgment, the Allahabad High Court held that it cannot prosecute a husband's friend under Section 498A of the Indian Penal Code for cruelty to a woman by her husband or his relatives. The operational word in the said judgment has brought out the limited ambit of the section providing that it shall apply only to husband and his immediate family members.Background of the Case It is an application by the complainant-wife against the husband, parents-in-law and one friend of her husband under Section 498A IPC for cruelty and harassment. It is stated by her that this friend was playing an active role in instigating the husband and his family to commit the acts of cruelty. The complaint had accused the husband and his family of harassment for dowry and physical and mental abuse but had also dragged the husband's friend into the allegations, claiming that he contributed to the harassment. Court's Observations The Allahabad High Court, after going through the case, discharged the accused husband's friend from the charges. The court said Section 498A IPC specifically deals with cruelty by the husband or his relatives. The word "relative", as understood from the wordings of the law, would mean a person related by blood or marriage. It will not include mere friends or acquaintances, or others who would not come within the definition of the word "relative" in respect of the husband or wife. The court further explained that there is every possibility that if the ambit of Section 498A is extended to include friends or third parties, there will be considerable misuse of the said provision and unwarranted prosecution. Legal Reasoning The court explained that since the friend did not fall within the legal definition of a "relative," he could not be prosecuted under this section. This judgment explained that Section 498A was enacted for curbing the cruelty or dowry-related harassment by close family members and is not meant to include far-off relations or social acquaintances. It also emphasized that false or exaggerated complaints under this section would defeat the very object of this law and result in unjust harassment of innocent people. Conclusion The recent judgment by the Allahabad High Court reiterates that the ambit of Section 498A is limited, as it has clarified that the reach of Section 498A lies only with the husband and the husband's relatives, and not with third parties such as friends or acquaintances. This judgment thus becomes fundamentally important to prevent the abuse of Section 498A and to ensure that only those persons who are directly responsible for cruelty are brought before the courts of law. While the ruling does not rule out charges under other sections, it at least saves unnecessary harassment to people like the friend of the husband under this very section.

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