Recently, the Karnataka High Court held that a neighbour or stranger cannot be arrayed as an accused in a matrimonial cruelty case under Section 498A of the Indian Penal Code, while allowing a criminal petition filed by a woman who was implicated solely on allegations of instigation. Justice M. Nagaprasanna observed that “A stranger cannot be drawn into the proceedings for offences under Section 498A of the IPC, between the husband, wife or the family members.”
The case arose from a criminal petition filed under Section 482 of the Code of Criminal Procedure seeking quashing of proceedings initiated against the petitioner, in a case registered for offences under Sections 498A, 504, 506, 323 read with Section 34 of the IPC. The petitioner was the neighbour of the complainant’s husband.
The matrimonial relationship between the complainant and her husband had allegedly deteriorated, following which a complaint was lodged, leading to the registration of a criminal case and filing of a charge sheet. While the principal allegations were directed against the husband and his family members, the petitioner was implicated on the assertion that she had instigated the husband to harass the complainant. The filing of the charge sheet and issuance of summons prompted the petitioner to approach the High Court seeking the quashing of proceedings insofar as she was concerned.
The Petitioner contended that she had no role whatsoever in the matrimonial affairs of the complainant and her husband. It was argued that the petitioner was merely a neighbour and did not fall within the ambit of “relative” as contemplated under Section 498A IPC. The petitioner submitted that the allegations against her were vague and rested solely on an unsubstantiated claim of instigation, warranting the exercise of the Court’s inherent jurisdiction.
On the other hand, the Respondent opposed the plea on the ground that the petitioner had actively instigated the husband, thereby contributing to the alleged acts of cruelty. It was submitted that the petitioner ought to face trial and establish her innocence through the regular process of law.
Justice M. Nagaprasanna, after examining the complaint and the charge sheet, noted that the petitioner’s name did not surface in the factual narrative except for a bare allegation of instigation. The Court observed, “The name of this petitioner is nowhere found except contending that she has instigated the husband to torture the wife otherwise the petitioner would not fit into the definition of family as is obtaining under the provision i.e., under Section 498A of the IPC.”
Placing reliance on the Supreme Court decision in Ramesh Kannojia & Anr. v. State of Uttarakhand & Anr., the Court reiterated that neighbours of the husband’s family are not relatives within the meaning of Section 498A IPC and cannot be implicated for matrimonial cruelty. Applying this settled position, the Bench held, “A stranger cannot be drawn into the proceedings for offences under Section 498A of the IPC, between the husband, wife or the family members.”
The Court further cautioned that continuation of criminal proceedings in such circumstances would be legally untenable, observing that “Permitting further proceedings against this petitioner would become an abuse of the process of the law and result in miscarriage of justice.”
In light of the foregoing discussion, the Court allowed the criminal petition and quashed the proceedings pending against the petitioner in the trial court. The Court clarified that its observations were confined to the petitioner’s case under Section 482 CrPC and would not influence proceedings against other accused persons, if any.
Case Title: Asha G v. State of Karnataka & Anr.
Case No.: Criminal Petition No. 1504 of 2023
Coram: Hon'ble Mr. Justice M. Nagaprasanna
Advocate for the Petitioner: Adv. Chandan K
Advocate for the Respondent: Adv. K. Nageshwarappa, HCGP
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