Supreme Court Quashes Dowry Harassment Charges Against Appellant in Extramarital Affair Case.


04 December 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   FIR >> Criminal Law  

The appeal of I.M. Dechamma Dechamma Koushik v/s The State of Karnataka & Another arises from the dismissal of a criminal petition seeking to quash proceedings against the appellant, who was accused under Sections 498A, 504, 109 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The case pertains to an FIR lodged by Respondent No. 2 (the wife), accusing her husband, his relatives, and the appellant (a woman allegedly involved with the husband before and during the marriage) of harassment and dowry-related offences.






The complainant alleged that her husband and other accused harassed her physically and mentally after marriage, and that the appellant had an ongoing relationship with her husband even after their marriage, which led to further abuse. The appellant was also accused of using abusive language towards the complainant over the phone.

The appellant challenged the proceedings under Section 482 of the Criminal Procedure Code (Cr.P.C.), claiming that no case under Section 498A IPC could be made against her, as she was not a relative of the husband and was living far away. She also argued that the matter between the husband and wife had been amicably settled, with a divorce granted by mutual consent.

The Supreme Court, relying on its previous judgment in U. Suvetha v. State, held that a girlfriend or woman involved in an extramarital relationship with the husband could not be considered a "relative" under Section 498A IPC. Moreover, the Court found no evidence suggesting the appellant's involvement in dowry-related harassment. Therefore, the Court quashed the proceedings against the appellant, concluding that continuing the criminal case against her would be an abuse of the legal process.


Section 3, Dowry Prohibition Act - 1961  

Section 4, Dowry Prohibition Act - 1961  

Dowry Prohibition Act, 1961

Section 109., Indian Penal Code - 1860     

Section 498A., Indian Penal Code - 1860  

Section 504., Indian Penal Code - 1860  

Indian Penal Code, 1860  

Section 482., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973