Neighbour Can't Be Booked For Matrimonial Cruelty Under Section 498A IPC: Karnataka High Court

The Karnataka High Court has reiterated that a stranger/neighbour cannot be drawn into cruelty proceedings under Section 498A of the IPC amid matrimonial dispute between the husband, wife or other family members. Justice M Nagaprasanna held thus while allowing a petition filed by one Asha G, neighbour of the complainant's husband, who was booked under Sections 498A, 504, 506, 323 read with 34 of the Indian Penal Code. The bench said “A stranger cannot be drawn into the proceedings for offences under Section 498A of the IPC, between the husband, wife or the family members.” The complainant's marriage appeared to have gone to doldrums, when she registered a complaint against the Petitioner.The Petitioner argued she had no role to play in the family of the other accused; she was merely their neighbour. The Complainant on the other hand opposed the plea submitting that it is the Petitioner instigated her husband and therefore Petitioner should also stand trial and come out clean in the same.The bench referred to the complaint and chargesheet filed and said “The name of this petitioner 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 obtaining under the provision i.e., under Section 498A of the IPC.” It relied on Ramesh Kannojia & Anr. v. State of Uttarakhand & Anr. (2024) where the Apex Court held that neighbours of the husband's family are not relatives of the husband and cannot be implicated for offences under Section 498A of the IPC.The bench said “Permitting further proceedings against this petitioner would become an abuse of the process of the law and result in miscarriage of justice.”Appearance: Advocate CHANDAN K for Petitioner. HCGP K. NAGESHWARAPPA, FOR R1. Citation No: 2026 LiveLaw (Kar) 3Case Title: Asha G AND State of Karnataka & ANR. Case No: CRIMINAL PETITION NO. 1504 OF 2023Click Here To Read/Download Order

Neighbour Can't Be Booked For Matrimonial Cruelty Under Section 498A IPC: Karnataka High Court

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