Husband's girlfriend cannot be booked for cruelty to wife under Section 85 BNS: Karnataka High Court

The Karnataka High Court recently quashed criminal proceedings against a woman paramour who was accused of ruining the married relationship of a couple and intimidating the wife.

Justice M Nagaprasanna said that the law is settled that a paramour cannot be accused of the offence of cruelty against wife against Section 85 of the Bharatiya Nyaya Sanhita (BNS) since she is not a relative of the husband.

In this regard, the Court relied on the Supreme Court's decision in Dechamma IM @ Dechamma Koushik v State of Karnataka in which it was held that a girlfriend of a married man cannot be construed as his relative.

"In the light of the bedrock of the law elucidated by the Apex Court, if the facts obtaining in the case at hand are observed, a paramour of the husband - accused No.1 cannot be termed as a relative of the husband," it said.

The petitioner (paramour) had approached the High Court after a trial court took cognizance of a criminal case registered against her.

The complaint alleged offences of subjecting the wife to cruelty, assault or use of criminal force against her, intentional insult, and criminal intimidation under the BNS. It also accused her of the offence of taking dowry under the Dowry Prohibition Act, 1961.

The High Court said none of offences are made out against the petitioner and quashed the proceedings against her.

Advocates Gagandeep E and Ajit PB appeared for the petitioner.

High Court Government Pleader Rashmi Patel represented the State.

Advocate PM Gopi appeared for the wife.

[Read Order]