Neighbours of husband’s family cannot be implicated in harassment or cruelty for dowry case: SC
New Delhi: The Supreme Court has held that neighbours of the husband’s family — who had apparently facilitated the marriage — cannot be implicated for harassment or cruelty for dowry under the Indian Penal Code’s Section 498A.
A bench of Justices Aniruddha Bose and Sanjay Kumar quashed the summoning order against the appellants -the neighbours – so far as the allegation of commission of offence under Section 498A IPC was concerned.
Before the apex court, it was argued that the neighbours are not relatives of the husband and hence they cannot be implicated in any offence punishable under Section 498A.
Earlier, the Uttarakhand High Court had dismissed the petition of the appellants for quashing the summoning order issued by the court of the judicial magistrate.
In its order, the top court clarified that so far as other offences are concerned, the prosecution of the appellants shall proceed in accordance with law.
A complaint was lodged against appellants and others under Sections 498A, 323, 504, 506 of the IPC and the provisions of the Dowry Prohibition Act, 1961.