Former husband cannot be prosecuted for Sec. 498A IPC offence

Honeyben Ashokbhai Patel vs State of Gujarat & Anr

Gujarat HC

30/11/2017

CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 19574 of 2015

About/from the judgment:

Whether former husband can be prosecuted for Sec. 498A IPC offence?

 

I am of the view that even if the entire case of the prosecution is believed or accepted to be true, none of the ingredients to constitute the offence of cruelty within the meaning of section 498-A of the IPC are spelt out so far as the applicant herein is concerned. Let us assume for the moment that the husband of the respondent No.2 went back to his first wife, i.e., the applicant herein, the fact remains that as the marriage was dissolved, the applicant herein would not fall within the ambit of “the relative of the husband”. Even otherwise, there is no case worth the name against the applicant. The applicant may be the cause for the matrimonial disputes between the husband and wife, but for that, she cannot be prosecuted for the offence under section 498-A of the IPC.

Read the Judgment

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