Section 498A: Husband’s Friend Cannot Be Prosecuted For Cruelty

The Allahabad High Court has quashed proceedings of a criminal case involving allegations of dowry charges against the applicant. 

In the present case, a complaint was filed against the applicant under sections 498-A (Dowry harassment), 506 (criminal intimidation), 120-B (Criminal Conspiracy) of the Indian Penal Code, as well as Section 3 and section 4 of the Dowry Prohibition Act.  The applicant was involved in the alleged harassment of the opposite party due to her friendship with the latter’s husband. During the proceedings, the applicant’s counsel argued that she was neither the husband nor relative of the husband of the opposite party, and thus, could not be held liable under the provisions of Section 498-A of IPC. The Counsel for the applicant emphasised that her friendship with the husband is an insufficient ground to establish any wrongdoing on her part in connection with the present case.

Conversely, the counsel for the opposite party contended that the applicant’s involvement had led to the deterioration of the matrimonial relationship, claiming that she was responsible for abetting her husband for seeking a divorce.

However, the court found that the allegations against the applicant lacked substantial evidence, noting that there were no direct accusations of harassment or dowry demands made against her.

"From the allegations made in the instant case, there is no allegation of any harassment about the demand of dowry on the part of the applicant herein, " said Justice Gupta while delivering the Judgement. 

The court was of the view that the applicant had been implicated based solely on suspicion and the nature of her conversations with the husband of the opposite party.