The Karnataka High Court has quashed criminal proceedings against a woman who was accused of disrupting a married couple’s relationship and intimidating the wife. Justice M Nagaprasanna delivered the ruling, emphasizing that under Section 85 of the Bharatiya Nyaya Sanhita (BNS), a paramour cannot be accused of cruelty towards the wife as she is not considered a relative of the husband.
Legal Precedent and Court Ruling
The decision was influenced by a prior ruling from the Supreme Court in the case of Dechamma IM @ Dechamma Koushik v State of Karnataka. The Supreme Court held that a girlfriend of a married man does not qualify as his relative in the context of legal statutes concerning cruelty. Justice Nagaprasanna referenced this precedent, stating, “In the light of the bedrock of the law elucidated by the Apex Court, if the facts obtaining in the case at hand are observed, a paramour of the husband – accused No.1 cannot be termed as a relative of the husband.”
Case Background
The woman in question, referred to as the petitioner, sought relief from the High Court following the trial court’s cognizance of a criminal case against her. The accusations included subjecting the wife to cruelty, assault, intentional insult, and criminal intimidation under the BNS, along with allegations related to the Dowry Prohibition Act, 1961. However, the High Court determined that none of these charges were substantiated against the petitioner and subsequently annulled the proceedings.
Legal Representation
In this case, advocates Gagandeep E and Ajit PB represented the petitioner. Rashmi Patel, the High Court Government Pleader, appeared on behalf of the State, while Advocate PM Gopi represented the wife involved in the matter.
The Karnataka High Court’s decision underscores the importance of legal definitions concerning familial relationships in cases of alleged cruelty and sets a clear precedent for similar cases in the future.
