Girlfriend not liable for prosecution u/s 498A, rules High Court

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The Andhra Pradesh High Court has ruled that a case under Section 498 A (Husband or relative of husband of a woman subjecting her to cruelty) cannot be investigated against the girl friend of a person. Only blood relations or close relatives of a person can be booked under Section 498A, the High Court said in a recent order and stayed further proceedings in a case filed under Section 498A against a woman (the alleged girlfriend of the husband).

The case is related to a case filed by the Disha police of the Nellore district against a woman (name withheld) by the complainant, K Sunitha, stating that the woman was maintaining close relation with her husband, Dharmaiah, and was harassing her. The police registered a case and made the woman accused no 2 The woman approached the court seeking quashing of the case against her and the case came for hearing before Justice Manavendranath Roy recently.

The petitioner’s counsel informed the court that the woman was made an accused in the case by the complainant only to get an upper hand over her husband with whom she has differences. The petitioner was not involved in any sort harassment, the counsel informed the court.

The petitioners counsel informed the court a case under Section 498A can be registered against those who are blood relatives of the husband or those who have become relatives of the husband out of marriage. The petitioner, in any way, is not a relative to the complainant’s husband, the counsel argued.

Justice Manavendranath Roy made it clear that a case under Section 498A can be booked against a blood relative or a relative of a husband only. The court posted the matter for further hearing to three weeks.

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