The Gujarat High Court quashed a cruelty FIR against a woman accused of being the girlfriend of a married man. The Court held that complainants cannot treat a husband’s girlfriend as a “relative” under IPC Section 498A.
Woman Cannot Be Treated as Relative Under IPC 498A
The petitioner argued that she was only in a relationship with the complainant’s husband. She pointed out that no other accusations were made against her. Justice J.C. Doshi agreed, stating no legal relationship existed between the petitioner and the husband.
No Familial Link Between Petitioner and Husband
The Court observed that the petitioner was merely the husband’s girlfriend. It found no evidence proving any familial connection. The Additional Public Prosecutor also failed to establish any such relationship.
Allegations in FIR Focused Only on Affair
According to the FIR, the complainant’s husband admitted the affair and threatened to kill his wife if she refused to divorce him. The FIR also alleged that the petitioner visited the complainant’s home, spoke abusively, and caused mental and physical harassment.
Court Cites Supreme Court Precedent
Justice Doshi referred to the Supreme Court ruling in Dechamma I.M. @ Dechamma Koushik v. State of Karnataka (2024). The Supreme Court clearly held that a girlfriend or a woman in a romantic relationship outside marriage is not a “relative” under IPC Section 498A.
No Evidence Supporting Other Charges
The Court also noted the absence of evidence for offenses under IPC Sections 323, 504, and 506(2). It found that the FIR and charge sheet lacked essential elements to support these charges.
Gujarat High Court Quashes FIR
Considering the lack of evidence and legal basis, the Gujarat High Court quashed the FIR. It ruled that forcing the petitioner to face trial would be unjustified.
