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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
ANIL L.PANSARE, M.M.NERLIKAR
Narendra, S/o. Madhukarrao Mule – Appellant
Versus
State of Maharashtra, through PSO, Chimur Police Station, Chimur, Dist. Chandrapur – Respondent
| Table of Content |
|---|
| 1. factual context of applicants and charges (Para 3) |
| 2. discussion on applicability of section 498-a (Para 4 , 6) |
| 3. court's interpretation of 'relative' under ipc (Para 5 , 7 , 8) |
| 4. (Para 9) |
| 5. application allowed and case quashed (Para 10) |
JUDGMENT :
M. M. NERLIKAR, J.
Heard.
2. Rule. Rule made returnable forthwith. By consent of parties, heard finally.
3. By this present application, the applicants are seeking quashment of Regular Criminal Case No. 68/2022 (charge-sheet No.45/2022) pending before the learned Judicial Magistrate First Class, Chimur, Dist. Chandrapur arising out of First Information Report (“FIR”) bearing Crime No.188/2022, dated 13.06.2022 registered with Police Station Chimur, Dist. Chandrapur for the offence punishable under Section 498-A, read with Section 34 of the INDIAN PENAL CODE (“IPC”). The applicant No.1 is husband, applicant No.2 is mother-in-law and applicant No.3 is father-in-law of non-applicant No.2, whereas applicant No-4 is the friend of applicant No.1.
4. At the outset, learned counsel appearing for applicants submits that he is not pressing the present application so far as applicant Nos. 1, 2 and 3 are concerned. However, he has pres
A friend of a husband is not classified as a 'relative' under Section 498-A of the IPC, based on the Supreme Court's interpretation requiring relationships by blood, marriage, or adoption.
Cruelty – A girlfriend or even a woman with whom a man has had romantic or sexual relations outside of marriage could not be construed to be a relative.
The term 'relative' under Section 498A of IPC includes spouses of siblings residing at the matrimonial home, and body shaming does not constitute cruelty unless it poses a serious threat to the woman....
The wife of a brother is considered a 'relative' under Section 498A of the IPC, and allegations of body shaming do not constitute cruelty as defined by law.
The court ruled that a girlfriend is not a relative under IPC Section 498A, thus cannot be prosecuted for offenses related to dowry harassment.
Cruelty – Section 498-A of IPC cannot be applied against a person who is not a relative of husband of victim woman.
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