Section 498A IPC; Shaik Riayazun Bee Vs. State of A.P. [Andhra Pradesh High Court, 01-06-2016]

Penal Code, 1860 – Section 498A –¬†Relative of Husband – Meaning of – Relatives of wife – Whether comes under this provision –¬†Held, the phrase relative of the husband employed in Section 498A IPC should be understood as relatives of the husbands side with whom he obtained relationship by way of blood, marriage or adoption. That being so A6 during the relevant period being the sister-in-law of complainant, she cannot be said to be the relative of the husband.


IN THE HIGH COURT OF ANDHRA PRADESH

THE HONBLE SRI JUSTICE U. DURGA PRASAD RAO

Criminal Petition No.8086 of 2013

01-06-2016

Smt. Shaik Riayazun Bee..Petitioner(A.6)

The State of A.P. rep by P.P High Court of A.P, Hyderabad and another.. Respondents

Counsel for Petitioner: Sri C.B.Rammohan Reddy Counsel for Respondent No.1 : Public Prosecutor for State (AP) Counsel for Respondent No.2 : Sri N.V.Anantha Krishna

ORDER

In this petition filed under Section 482 Cr.P.C., the petitioner/A6 seeks to quash the proceedings in Cr.No.93 of 2013 of II Town Police Station, Madanapalle whereunder the petitioner and five others were charged for the offences under Sections 498A, 323 and 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.

2a) A2 and A3 are parents, A4 is the sister and A5 is the brother of A1. Petitioner/A6 is concerned, she is former wife of complainants elder brotherAmjad Baig. The defacto complainant is the wife of A1. She filed a private complaint before the Judicial Magistrate of First Class, Madanapalle against A1 to A6 for the aforementioned offences and the said complaint was forwarded to the police of Madanapalle II Town PS under Section 156 (3) Cr.P.C. and the same was registered as Cr.No.93 of 2013 and being investigated into. Hence, the instant quash petition at the instance of petitioner/A6.

b) The private complaint which was registered as FIR is a long document containing various instances of harassment and cruelty allegedly meted out by A1 to A5 against the complainant with which we are not much concerned, as A1 to A5 are not before us. In the instant application, we are solely concerned with the allegations levelled against petitioner/A6. Such allegations can be found in para-7 of the complaint which reads thus: Para-7 The eldest brother of the complainant who was the former husband of accused No.6 is working as software engineer at London. The eldest brother of the complainant secured employment to accused No.1 at London and accused No.1 was staying in the house of the eldest brother of the complainant and accused No.6 at London for some months and later the complainant also went to London and stayed in the house of her brother. During the stay of accused No.1 in the house of the elder brother of the complainant, the accused No.1 used to move very closely with accused No.6 and later accused No.1 developed illicit intimacy with accused No.6 and both of them used to stay together lonely and the complainant noticed accused No.1 and accused No.6 in one room lonely since then accused No.6 began to spread false news against the complainant before relatives stating that the complainant is not suitable match to accused No.1 and the accused No.1 had no liking towards the complainant.

c) So, the basic allegation against petitioner/A6 is that the elder brother of the complainant viz. Amjad Baig was the former husband of petitioner/A6 and he was working as software engineer at London and at that time, himself and A6 were living together at London. He secured a job for at London probably at the instance of complainant and A1 for some time stayed in the house of elder brother of complainant at London. Thereafter, complainant also went to London and stayed in the house of her brother and during her stay in her brothers house, she noticed that her husband (A1) and her sister-in-law i.e. A6 were moving closely and they developed illicit intimacy. She claimed that she noticed them in a compromised position. This is one allegation against A6 and also of course against A1. She further alleged that A6 began spreading false remours against complainant before relatives stating that complainant was not a suitable match to A1 and he was not liking her.

d) Apart from the above allegations, the complainant made an omnibus allegation as if on the instigation of A2 to A6, several times A1 physically assaulted the complainant while staying at London and also at Nellore. It may be noted that after the above instance, it appears that the elder brother of complainant took divorce against A6 in London in a Family Court at London on some grounds but not on the ground that she was having illicit connection with A1.

3) Heard arguments of learned counsel for petitioner, learned counsel for 2nd respondent/complainant and learned Public Prosecutor (AP).

4a) Learned counsel for petitioner/A6 sought for quashing the proceedings on two main grounds. Firstly, even if allegations in the FIR are taken to be true, they do not constitute any offence against petitioner/A6 muchless offence under Section 498A IPC because she is not a relative of the husband within the meaning of Section 498 IPC, as she was the sister-in-law of complainant during the relevant period but not the relative of her husband and further, the allegations against her were only to the effect that she allegedly had an illicit connection with the husband of the complainant i.e. A1 and she made a propaganda that complainant was not a mach to A1 and he had no liking for her. So, going by the allegations in the FIR they do not attract the offence under Section 498A IPC because she is not the relative of the husband (A1) and she has not committed any acts of cruelty. It is argued that the other offences are also not attracted against her. He relied upon the decision of the Apex Court in State of Punjab v. Gurmit Singh .

b) Secondly, it is argued that as per the FIR allegations the offence was committed at London and therefore, the police and Courts in India have no jurisdiction to investigate and try the case.

5a) Per contra, learned counsel for R2/complainant and learned Public Prosecutor vehemently argued that at the relevant time of offence A6 was the wife of complainants eldest brother and the marital relationship existed between them. By virtue of the marriage between A1 and complainant, A1 acquired relationship with the relatives of complainants side. Therefore, though A6 was not directly a relative of A1, however, by virtue of his marriage with complainant, A6 became the relative of A1 and therefore, she can be called as relative of the husband within the meaning of Section 498A IPC. As A6 made false propaganda against complainant and incited A1 to harass her, she is squarely liable for the offence under Section 498A IPC.

b) Secondly, with regard to jurisdiction aspect, it is argued that the FIR allegations would show some part of the offence committed by the accused took place in India and some part took place at London. As it being a continuous offence, the investigation and trial can be taken place in India. Thus they prayed to dismiss the petition.

6) In the light of above rival arguments, the point for determination is: Whether there are merits in this petition to allow

7a) POINT: The second contention of the petitioner is concerned, I am unable to accept the same because the allegations levelled in the FIR clearly disclose that some part of the offences levelled in the FIR took place in India and some part of the offences took place in London and therefore, in my considered view, it is preposterous for petitioner/A6 to contend that offence cannot be investigated and tried in India.

b) Then, coming to main argument of the petitioner, I find much force in it. The facts would show that during the relevant period of alleged offence, petitioner/A6 was the wife of Amjad Baigelder brother of complainant. The marital tie was subsisted between them at that time and they were living at London. As already stated supra, the allegation is that on account of job, A1 went to London and resided in the house of the elder brother of complainant at London and thereafter complainant also joined him and during her stay she noticed that some illicit intimacy was developed between A6 and A1. When she questioned them, A6 started making propaganda that complainant was not a fit match to A1 and he has no liking for her. Hence the moot point is whether the offence under Section 498A IPC is applicable to petitioner/A6 even if the allegations levelled in the FIR are taken to be true on their face value. Section 498IPC says: