‘Girlfriend’ or ‘mistress’ of man cant be prosecuted for cruelty against wife u/s 498A IPC: Andhra Pradesh High Court

Read order: Anumala Aruna Deepika vs. State of Andhra Pradesh

Pankaj Bajpai

Amravati, July 21, 2021: The Andhra Pradesh High Court has ruled that a husband’s girlfriend or “concubine” cannot be prosecuted under section 498A of the Indian Penal Code since she is not connected with the husband by blood or marriage. 

A Bench of Justice Cheekati Manavendranath Roy said that only a relative of the husband by blood or marriage is liable for prosecution under section 498A of the IPC, which criminalizes the offence of cruelty to women by husband or relatives of husband.

The petitioner in the present matter had challenged a case registered against her u/s 498A and 114 of the IPC, simply on the allegation of being the girlfriend of the accused, who is the husband of the complainant. 

The petitioner had sought quashing of the FIR lodged against her by urging that since she was not the relative of the complainant’s husband connected by blood or marriage, she would not be liable for prosecution u/s 498A IPC. 

Agreeing with the view taken by the petitioner, the Court relied on the Apex Court’s ruling in U Suvetha vs. State, wherein it was held that persons who can commit offence u/s 498-A IPC are husband and relatives only and girlfriend, being not a relative, cannot be charged under the said provision. 

Clarifying that the investigation against the accused husband shall go on, the High Court ordered a stay on further proceedings against the petitioner directing for no coercive action against her.