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Dechamma I.M. @ Dechamma Koushik vs. The State of Karnataka & Anr.

Not available · 2024 INSC 972Decided 4 Dec 2024
Not available
Justice B.R. Gavai · Justice K.V. Viswanathan · Justice K.V. Viswanathan

Background

A married woman filed an FIR alleging that her husband and several relatives, including the appellant (who was accused of having an extramarital relationship with the husband both before and after the marriage), harassed her mentally and physically over an unfulfilled dowry demand. The appellant sought quashing of the criminal proceedings against her under Section 482 Cr.P.C., arguing she was not a "relative" of the husband within the meaning of Section 498A IPC, but the Karnataka High Court dismissed her petition. She appealed to the Supreme Court. It was also noted that the complainant and her husband had since divorced by mutual consent.

Decision Breakdown

The Supreme Court allowed the appeal and quashed the proceedings against the appellant. Relying on its earlier decision in U. Suvetha v. State (2009), the Court reiterated that a "relative" under Section 498A IPC must be a person connected by blood, marriage, or adoption: a girlfriend or a woman having an extramarital relationship with the husband cannot be treated as his "relative," however morally objectionable her conduct might be. Since the FIR and chargesheet contained no material connecting the appellant's alleged conduct to a demand for dowry, continuing the prosecution against her would amount to an abuse of the process of law.

Lesson Learnt

Section 498A IPC (cruelty by husband or his relatives) applies only to persons who are relatives by blood, marriage, or adoption. It cannot be stretched to cover a husband's girlfriend or partner in an extramarital relationship, even if her conduct contributed to the wife's distress.

Official source (sci.gov.in)View Judgment (PDF)

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