The Karnataka High Court has quashed criminal proceedings against a woman accused of being involved with a married man, holding that his girlfriend or paramour cannot be prosecuted for cruelty to his wife under Section 85 of the Bharatiya Nyaya Sanhita (BNS).
Justice M Nagaprasanna observed that Section 85 applies to a husband or his relatives, and a woman who is in a relationship with a married man does not fall within the legal meaning of a “relative” for the purpose of the provision.
The Court relied on the Supreme Court’s ruling in Dechamma IM @ Dechamma Koushik v State of Karnataka, which held that the girlfriend of a married man cannot be treated as his relative.
Applying that principle to the case before it, the High Court noted that the woman accused of being the husband’s paramour could not be brought within the scope of Section 85 merely because of her relationship with the husband.
The woman had approached the High Court after a trial court took cognizance of a criminal case against her.
According to the complaint, she was accused of interfering in the marital relationship and intimidating the wife. The allegations included cruelty, assault or use of criminal force, intentional insult and criminal intimidation under the BNS. She was also accused of an offence under the Dowry Prohibition Act, 1961.
After examining the allegations, the High Court concluded that the offences invoked against the petitioner were not made out and consequently quashed the proceedings against her.
The ruling reiterates the distinction drawn by the courts between a husband’s relatives and a person who may be involved with him outside the marriage. For Section 85 BNS, the latter cannot be treated as a relative merely on account of that relationship.
