Girlfriend is not relative, can't be prosecuted for dowry
Mayur
(Querist) 21 May 2012
This query is : Resolved
Dear Sir,
I am facing a case of 498 which filed by my wife in the year of 2009, Total 4 names filed under 498. Me, mother & father are joined with blood releationship but one relatives girl who take care of my old parents, also filed under 498. So how can I remove relatives girl name from 498 case. At this time case are running opposit party's jubani level. Please help me.
M.Sheik Mohammed Ali
(Expert) 21 May 2012
you can quash the 498a case, and immediately release from that girls also, you file the petition on that.
SAINATH DEVALLA
(Expert) 21 May 2012
She is only a caretaker of your parents in the house,and she will not have any intervention in the happennings in the house.Hence immediately go for a quash.See that all technicalities are ingreded in the petition.
Arvind Singh Chauhan
(Expert) 21 May 2012
If charge sheet is not filed apply under 482. If charge sheet has been filed cite below citations praying for discharge.
Adv.R.P.Chugh
(Expert) 21 May 2012
What exactly do you mean by 'relatives girl' ?
If she is not a relative then she cannot be prosecuted for the simple reason that 498A only applies against husband and his relatives. Being a penal statute 498A has to be interpreted strictly and not widely, penal consequences would follow only to those persons specifically laid down by the legislature.
Read U.V.Suvetha's case.
Rajeev Kumar
(Expert) 21 May 2012
Go for quashing u/s 482 of cr.pc of the case.
Shonee Kapoor
(Expert) 22 May 2012
If she is not a relative, she can not be punished.
Remedy lies in CrPC 482 or discharge petition.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Mayur
(Querist) 23 May 2012
Thanks all of you for suggestion & help.
