The Allahabad High Court recently clarified that a man’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 woman.
The bench of Justice Anish Kumar Gupta emphasised that a husband’s friend does not fall within the definition of “relative of the husband” as outlined in the penal provision. The court pointed out that Section 498A IPC specifically applies to the husband or his relatives, not friends.
The observation came in an application filed by a woman seeking to quash proceedings against her under Section 498A and the Dowry Prohibition Act. She had been accused by the wife of her male friend of instigating their marriage’s downfall and encouraging him to file for divorce. However, the applicant contended that she was merely a long-time friend from college and had no familial ties to the man.
The case was registered under Sections 498-A, 506, 120-B of the IPC and 3/4 of the DP Act.
The court found no evidence of dowry harassment or any conduct by the applicant that would amount to instigating suicide, causing grave harm, or endangering the complainant woman’s life or well-being. The court also noted that no dowry-related accusations were levelled against the applicant, nor was there any suggestion that she benefited from dowry in any form.
Additionally, the court highlighted that there were no allegations of the applicant directly interfering in the matrimonial relationship, aside from maintaining a friendly rapport with the man. The applicant, it concluded, seemed to have been maliciously prosecuted by the wife due to her suspicion of an illicit relationship between her husband and the applicant.
As a result, the high court quashed both the charge sheet and the proceedings pending before the Chief Judicial Magistrate, Allahabad, against the applicant, ruling that the prosecution against the applicant was nothing but malicious.
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