Can a Girlfriend be prosecuted under Section 498A IPC, HC replies,

  

The Andhra Pradesh High Court Justice Sri Cheekati Manavendranath in the case titled Anumala Aruna Deepika v. State of Andhra Pradesh and Ors. gives his views on can a girlfriend be prosecuted under section 498 of IPC.

Facts of the case:

It was alleged that the petitioner is the girlfriend of A-1, who is the husband of the de facto complainant and A-1 developed illegal intimacy with the petitioner. A case under Sections 498-A, 114 IPC was registered against the petitioner along with other accused. The petitioner filed a petition seeking quashing of the FIR.

Submission of the Petitioner:

The petitioner has submitted that thr only relative of the husband connected by blood or marriage alone is liable for prosecution under Section 498-A IPC and a girlfriend or concubine is not liable for prosecution under Section 498-A IPC as she is not relative either by blood or marriage to A-1, who is the husband of the de facto complainant.

High Court’s observation & Judgment:

In the instant case, the High Court held:

"the Apex Court in the case of U.Suvetha v. State reported in (2009) 6 SCC 757, held that persons who can commit offence under Section 498-A IPC are husband and relatives only. A Girlfriend, being not a relative, cannot be charged under Section 498-A IPC."

"Therefore, in view of the aforesaid legal position, the petitioner could make out a strong case warranting interference of this Court under Section 482 Cr.P.C., 1973 to ascertain whether launching of criminal prosecution under Section 498-A IPC is legally sustainable or not and whether the aforesaid F.I.R registered against her is liable to be quashed or not."

The High Court directed the Investigating Officer to not take any coercive steps including arrest against the petitioner.

Read Judgement Here:

 

 

 

 source ;.latestlaws.com

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