Court says girlfriend or paramour cannot be treated as a “relative” or family member of the husband under BNS Section 85; no other offence made out against her.
Bengaluru: The Karnataka High Court has quashed criminal proceedings against a woman accused in a matrimonial dispute, holding that a husband’s alleged paramour cannot be prosecuted as a “relative” or member of the husband’s family under Section 85 of the Bharatiya Nyaya Sanhita, 2023.
Justice M. Nagaprasanna delivered the oral order while hearing a petition filed by the woman, who was arrayed as accused No. 4 in Crime No. 22/2026 pending before the 6th Additional Chief Judicial Magistrate Court, Bengaluru. The case had been registered for offences under Sections 74, 85, 352, 351(2) read with Section 3(5) of the BNS, along with Sections 3 and 4 of the Dowry Prohibition Act, 1961.
According to the complaint, accused No. 1 and respondent No. 2 were husband and wife, and the petitioner was alleged to be the husband’s paramour. The complainant claimed that the petitioner was the reason for the breakdown of the marriage and had also criminally intimidated the wife.
However, the High Court found that the complaint did not disclose any material showing the essential ingredients of the offences alleged against the petitioner. The Court observed that the only real allegation was that she was in a relationship with the husband and was allegedly responsible for the marital discord.
Relying on the Supreme Court’s ruling in Dechamma I.M. @ Dechamma Koushik v. State of Karnataka, the High Court reiterated that a girlfriend or woman with whom a man has romantic or sexual relations outside marriage does not acquire the legal status of a “relative” merely by virtue of that relationship. Such status, the Court noted, can arise only through blood, marriage, or adoption.
The Court further held that for an offence under Section 85 of the BNS, the accused must fall within the category of a relative or family member, which the petitioner plainly did not. It also noted that the allegations were insufficient to establish the other offences invoked in the complaint.
Concluding that continuation of proceedings against the petitioner would amount to abuse of the process of law, the High Court allowed the petition and quashed the crime insofar as it related to her.
Bottom Line :
Paramour/girlfriend of husband cannot be treated as a relative or member of the husband’s family for the purpose of prosecution under Section 85 of the Bharatiya Nyaya Sanhita, 2023; where complaint only alleges that she was the reason for marital discord and there are no averments satisfying ingredients of other alleged offences, continuation of criminal proceedings would amount to abuse of process and proceedings are liable to be quashed.
Statutory provision(s): Section 74, Section 85, Section 352, Section 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 3 and 4 of the Dowry Prohibition Act, 1961
Tanushree. M v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2984497
