Rajeti Laxmi, Vizianagaram Dist. v. State Of A. P.
2006-07-12
V.ESWARAIAH
body2006
DigiLaw.ai
O R D E R This Criminal Petition is filed by the petitioner-A-6 under Section 482 Cr.P.C. to quash the proceedings for the offence punishable under Section 498-A read with 34 IPC in C.C.No.233 of 2004 on the file of the Judicial Magistrate of First Class, Cheepurupalli, which was originally registered for the offence under Sections 498-A, 497 IPC and Sections 3 and 4 of Dowry Prohibition Act read with 34 of IPC. 2. It is the case of the petitioner-A6 that she is only concubine of A-1 and having illicit intimacy with him. Even, if the allegations made in the charge-sheet are taken as true and correct, she cannot be punished for the offence under Section 498-A IPC. Under Section 498-A I.P.C., who ever relative of the husband of the victim subjects the victim to cruelty, shall be punishable. It is stated that the action of A-1 having illicit intimacy with A-6, amounts to cruelty to LW.1, who is the wife of A-1, but it cannot be said that she is the relative of A-1, to attract the provisions of Section 498-A IPC. 3. The learned Public Prosecutor submits that whetherr the petitioner-A-6 is relative or not, is a matter to be enquired before the trial court and it is not for this court to appreciate the evidence. 4. The entire reading of the charge-sheet and the statements of LWs.1 to 7, goes to show that it is nobody’s case of the accused or the prosecution that A-6 is the relative of husband of L.W.1. She is only concubine of A-1 and having illicit intimacy with him. Therefore, in the absence of any averment in the charge-sheet or any statement that she is a relative of A1, I am of the opinion that the offence under Section 498-A IPC do not attract to A-6. Even as per the dictionary meaning “relative” means a person connected by blood or marriage or a species related to another by common origin’. Simply because A-6 is having illicit intimacy with A-1, it cannot be said that she is a relative of A-1. 5. Accordingly, the Criminal Petition is allowed quashing the proceedings in C.C.No.233 of 2004 for the offence under Section 498-A I.P.C. against the petitioner-A6. Insofar as the other offences are concerned, it may go on. No costs. --X—