Karnataka High Court.
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Bengaluru: A stranger cannot be drawn into the proceedings for offences under IPC section 498A (cruelty), between the husband, wife or the family members, the high court has said.
Justice M Nagaprasanna said this while quashing the proceedings against Asha G, a resident of Bengaluru city.
The petitioner Asha G challenged the proceedings pending against her before the Chief Metropolitan Magistrate, Bengaluru. It was submitted that the petitioner was a neighbour of a couple, who were married in November 2006. The wife had filed the complaint on February 13, 2021, against her husband, his family members and the petitioner with the Mahalakshmi Layout police.
After investigation, the police filed the chargesheet considering the petitioner as accused number 5 in the case. It was submitted that the petitioner had no role to play in the family. She was the neighbour and the only allegation is that she instigated the husband to behave in a particular manner. On the other hand, the complainant contended that the petitioner was the reason behind her husband’s behaviour and therefore, she should stand trial.
Justice Nagaprasanna noted that in the chargesheet the petitioner’s name 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 obtained under IPC section 498A, the court said.
The court cited the Apex Court judgment in the Ramesh Kannojia case and said the top court had specifically held that a stranger cannot be drawn into the proceedings for offences under IPC section 498A.
“The Apex Court considers the very aspect as to whether a stranger/neighbour can be drawn into a proceeding under Section 498A of the IPC and holds that it is impermissible in law. In that light a stranger cannot be drawn into the proceedings for offences under Section 498A of the IPC, between the husband, wife or the family members. Permitting further proceedings against this petitioner would become an abuse of the process of the law and result in miscarriage of justice,” Justice Nagaprasanna said.