The Allahabad High Court has ruled that a husband’s friend cannot be prosecuted under Section 498A of the Indian Penal Code (IPC), which deals with cruelty by a husband or his relatives towards a wife. Justice Anish Kumar Gupta clarified that a husband’s friend does not fall within the definition of “relative” under this section of the law.
The court emphasized that, based on a straightforward reading of Section 498A, the offense applies only to the husband or his relatives who subject the wife to cruelty. The ruling came during the hearing of a petition filed by a woman seeking to quash proceedings against her under Section 498A and the Dowry Prohibition Act.
The petitioner had been accused by the wife of her male friend of allegedly interfering in their marriage and encouraging him to file for divorce. However, the petitioner argued that she was simply a longtime friend from college and not a relative of the husband. The court also noted that there was no allegation of dowry harassment or any behavior on the petitioner’s part that could be construed as instigating suicide or causing serious harm to the complainant.
Given the lack of evidence linking the petitioner to cruelty or dowry demands, the court held that no offense under Section 498A could be established against her. Similarly, the Dowry Prohibition Act was deemed irrelevant as there was no accusation suggesting that the petitioner benefited from any dowry.
The court further observed that the allegations were driven by the complainant’s suspicion of an illicit relationship between her husband and the petitioner. As a result, the court quashed the proceedings in the Chief Judicial Magistrate’s court in Allahabad, as well as the charge sheet filed against the petitioner by the police.
Advocates Pradeep Kumar Singh, Santosh Kumar Upadhyaya, and Rishab Kumar Pandey represented the petitioner, while Advocate Ramesh Chand Yadav appeared for the complainant. The state was represented by Advocate Kamlesh Kumar Tripathi.
