Section 498A cases can be registered against relatives living in distant places - Bombay HC

CASE: Rajesh Himmat Pundkar vs the State of Maharashtra

COURT: Justices Sunil Shukre and Govind Sanap of the Nagpur Bench of Bombay High Court

Recently, the Bombay HC held that many a time, relatives living at a distance could also be booked for the cruelty of a wife as they also meddle in the affairs of a couple and harass the wife. The bench held the above while refusing to quash an FIR filed against the relatives of a man in a Section 498A case.

The bench was hearing a petition filed by a husband, his parents, and siblings seeking to quash an FIR registered against them.

BACKGROUND

In 2007, the couple got married and had three children. In 2017, the wife learned about her husband's extra-marital affair. On confronting him, the husband assaulted her. When she informed her in-laws and siblings about his affair, they started abusing her and demanded ₹50,000 as dowry.

ARGUMENT

According to the accused, the husband lived in Akola district, while his parents and a married sister lived in Amravati district, and his younger brother was from Pune. They argued that they did not live with the husband, so the allegations made against them, who are in-laws or relatives of the husband, cannot be considered true.

HELD

The bench refused to accept the argument on two counts.

First - A relative living at a distance is not presumed to be innocent unless proven guilty; Second - In many cases, a relative who lives away from the couple interferes in the affairs of the couple, and that too of such a nature and extent as to constitute harassment. 

Further, the bench noted that the investigation in the case was still ongoing and more material could be uncovered after further investigation.

In view of this, the bench refused to quash the FIR.