A two-judge bench of the Bombay High Court quashed an FIR against the girlfriend of a man whose wife had roped her as an accused in a domestic case
A two-judge bench of the Bombay High Court was hearig the case. (Representative Image)
Mumbai,UPDATED: Jan 25, 2024 07:27 IST
The Bombay High Court has quashed an FIR against the girlfriend of a man whose wife had roped her as an accused in a domestic case.
A two-judge bench of the High Court, comprising Justices Anuja Prabhudessai and NR Borkar, noted that the girlfriend is not a relative of the husband and the only allegation against her is that of having an extra-marital affair with the husband and that he has been pressurising his wife to give divorce to marry the girlfriend.
The man and the woman had got married in July 2016. Later the woman, in December 2022 registered an FIR with the Surgana Police Station, Nashik Rural under section 498A (Husband or relative of husband of a woman subjecting her to cruelty), 406 (criminal breach of trust), 323 (voluntarily causing hurt), 504 (Intentional insult with intent to provoke breach of the peace), read with 34 (common intention) of the Indian Penal Code (IPC). The woman alleged that her husband and his family members subjected her to physical and mental cruelty.
Advocates Abhishek Kulkarni and Sagar Wakale appearing for the girlfriend submitted that it is not in dispute that the girlfriend is not a relative or family member of the husband. Kulkarni pointed out that the allegations in the FIR are that the husband is having extra marital relationship with the girlfriend which has led to frequent quarrels between husband and wife. The woman claimed that her husband received WhatsApp messages from the girlfriend and that he intends to marry her, said Kulkarni.
The bench said, "The allegations in the FIR even if accepted in entirety, do not disclose any cognisable offence qua the girlfriend. In such circumstances, subjecting her to face criminal prosecution will be an abuse of process of law," and quashed the FIR against the girlfriend.
Published By:
Sudeep Lavania
Published On:
Jan 25, 2024
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