The Karnataka High Court recently quashed a criminal case against a woman accused of ruining the married relationship of a couple. The court said that a paramour cannot be accused of the offence of cruelty against wife against Section 85 of the Bharatiya Nyaya Sanhita (BNS), noting that she is not a relative of the husband.

While hearing the case, justice M Nagaprasanna cited a Supreme Court precedent which held that a girlfriend of a married man cannot be construed as his relative, and hence ruled that the girlfriend will not be covered under cruelty law under Section 85 BNS.

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The judge stated, “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.”

The petitioner woman approached the High Court after a trial court took cognizance of a criminal case registered against her. The petitioner woman alleged that the 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. Meanwhile the court said that none of offences are made out against the petitioner and quashed the proceedings against her.

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