Court affirms that neighbours cannot be implicated under Section 498A IPC as they are not 'relatives' under the law.
In a significant ruling, the Karnataka High Court has quashed the proceedings against Asha G, a neighbour accused of instigating a husband in a dowry harassment case. The court held that neighbours do not fall under the definition of 'relatives' as per Section 498A of the Indian Penal Code (IPC) and therefore cannot be charged under this provision.
The judgment was delivered by Justice M. Nagaprasanna, who presided over the Criminal Petition No. 1504 of 2023. The petitioner, Asha G, was accused in a complaint filed by the wife of her neighbour, which also included charges under Sections 504, 506, and 323 read with Section 34 of the IPC. The complaint alleged that Asha G had instigated the husband to behave in a particular manner towards his wife, leading to the charges under Section 498A IPC.
During the proceedings, the petitioner's counsel argued that Asha G had no role in the family dynamics of the accused couple and was wrongly implicated due to personal animosities. The court took note of the Supreme Court's judgment in Ramesh Kannojiya v. State Of Uttrakhand, which emphasized the strict interpretation of the term 'relative' under Section 498A IPC, thereby excluding neighbours from its ambit.
Justice Nagaprasanna highlighted that implicating a neighbour under Section 498A would constitute an abuse of the process of law and result in a miscarriage of justice. The court thus allowed the criminal petition, quashing the proceedings against Asha G in CC.No.32092/2021 on the file of the Chief Metropolitan Magistrate, Bangalore.
The judgment underscores the necessity for strict construction of penal statutes and reinforces the legal principle that only blood relations or relations by marriage can be prosecuted under Section 498A IPC. The court's decision is expected to have broader implications for similar cases across the country.
Bottom Line:
Section 498A IPC - Neighbour cannot be implicated for offences under Section 498A IPC as they do not fit the definition of 'relative' under the provision.
Statutory provision(s): Section 498A IPC, Section 504 IPC, Section 506 IPC, Section 323 IPC, Section 34 IPC, Section 482 Cr.P.C.
Asha G v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2834401
