The order was passed on a petition moved by a woman who was charged under Section 498A read with Section 34 (acts done by several persons in furtherance of common intention) of the IPC.
She sought an order from the Court quashing the proceedings pending against her before a magistrate court.
The case against her came to be registered upon a complaint filed by her live-in partner’s wife. Her partner and his wife had a strained marriage and the wife’s complaint accused him, his mother, his brother, and the petitioner of subjecting her to cruelty.
The petitioner argued that her relationship with her partner does not make her his relative as contemplated under Section 498A.
The Court concurred with the argument and proceeded to quash the proceedings against her.
“These being the facts, I am of the opinion that there will not be a question of prosecution against the petitioner under Section 498-A of IPC. The FIR and the Final Report as against the petitioner shall stand quashed“, the order stated.
Source: Barandbench
