Neighbours cannot be booked under Section 498A: High Court

Bengaluru: In a significant ruling on the scope of dowry harassment laws, the Karnataka High Court has clarified that neighbours or unrelated third parties cannot be implicated under Section 498A of the Indian Penal Code (IPC). The court, headed by Justice M. Nagaprasanna, quashed criminal proceedings initiated against a woman who was arrayed as an accused despite not being a family member of the complainant.

The order came while allowing a petition filed by Asha, a neighbour, seeking quashing of criminal proceedings registered against her in a dowry harassment case. The complaint had been filed by Munirathnamma, who alleged that she was subjected to dowry-related cruelty by her husband, mother-in-law, father-in-law, sister-in-law, and also a woman residing in a neighbouring house.

While examining the petition, the High Court held that Section 498A IPC is specifically intended to address cruelty inflicted by a husband or his relatives upon a married woman. The provision, the court observed, cannot be extended to include neighbours or persons who do not share a familial relationship with the husband. “Section 498A can be invoked only against the husband or his relatives. A neighbour or an unrelated person, even if known to the family, does not fall within the definition of ‘relative’ under the provision,” the court stated, underscoring the limited legal ambit of the section.

Justice Nagaprasanna further noted that matrimonial disputes often result in the tendency to rope in multiple individuals without sufficient legal basis. Such an approach, the court cautioned, leads to misuse of penal provisions and causes undue harassment to persons who are otherwise unconnected to the matrimonial relationship.

In the present case, the neighbour Asha had been booked under IPC Sections 498A (cruelty), 504 (intentional insult), 506 (criminal intimidation), 323 (voluntarily causing hurt), and 34 (common intention). The court, however, found no legal justification to continue proceedings against her, as the allegations did not establish any legally sustainable role under Section 498A. Accordingly, the High Court quashed the complaint insofar as it related to Asha, while making it clear that the ruling does not affect the proceedings against the husband and other family members, against whom the complainant had alleged dowry harassment.

Legal experts say the judgment reiterates judicial concern over the indiscriminate application of Section 498A and reinforces safeguards against its misuse. The ruling is expected to serve as an important precedent in matrimonial litigation, particularly in cases where third parties are unnecessarily drawn into criminal proceedings arising out of domestic disputes.