The Gujarat High Court recently quashed an FIR filed under Section 498A IPC against a woman alleged to be the girlfriend of a married man. The court reiterated that a woman who is a husband's girlfriend cannot be treated as a "relative" under the law to sustain charges of cruelty by the wife.
In this case, the petitioner, the alleged girlfriend, had approached the High Court seeking to quash the FIR registered at Mahila Police Station, Rajkot City. She argued that besides the allegation of having a relationship with the complainant's husband, no other accusations were made against her. She emphasized that she held no legal status or relationship with the husband that would qualify her as a relative under IPC Section 498A.
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Justice J.C. Doshi, after hearing both parties and examining the record, observed,
“It is noticed that the petitioner is alleged to be the girlfriend of the husband of the complainant. No status has been aligned with the petitioner. Learned APP could not find any relationship of petitioner with the husband of complainant, except she being the girlfriend.”
The FIR mentioned that the complainant’s husband threatened her by saying he had an affair with the petitioner and demanded a divorce, otherwise he would kill her. The petitioner allegedly visited the complainant’s home, used abusive language, and caused mental and physical harassment. The complainant further accused the petitioner of harassing her in public places and insisting she divorce her husband.
However, after thoroughly reviewing the allegations, the court noted that apart from being referred to as the husband's girlfriend, there were no additional charges or evidence against the petitioner. Highlighting the Supreme Court's earlier ruling in U. Suvetha v. State by Inspector of Police (2009) and Dechamma I.M. @ Dechamma Koushik v. State of Karnataka (2024), the High Court cited:
“By no stretch of imagination would a girlfriend or even a concubine be a 'relative'. The word 'relative' brings within its purview a status. Such a status must be conferred either by blood, marriage, or adoption. If no marriage has taken place, the question of one being a relative does not arise.”
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The High Court stressed that necessary elements of Sections 323, 504, and 506(2) IPC were missing due to lack of supporting documentary evidence. Therefore, it concluded that the petitioner should not be subjected to the ordeal of a criminal trial in such circumstances.
In conclusion,
"Apart from the material placed on record by way of FIR and chargesheet, no other offence alleged in the FIR attracts the essential ingredients of the cited IPC sections."
Accordingly, the Gujarat High Court allowed the petition and quashed the FIR and all related proceedings against the woman.
Case title: X v/s State of Gujarat and Another
