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Madhya Pradesh High Court · body

2015 DIGILAW 1175 (MP)

SHAMSUL HASSAN v. STATE OF M. P.

2015-11-16

M.C.GARG

body2015
JUDGMENT : 1. Shri Vishal Dhagat, Advocate for the petitioner. Shri S. K. Kashyap, learned P. L. for respondent No. 1-State. 2. As far as second respondent/the complainant is concerned, notice was sent to her which has returned back with a note that she has left the place and her whereabouts are not known. 3. In view of aforesaid, arguments heard. 4. In nutshell, it is the case of the petitioner that the petitioner is neither the husband nor the near relative of the complainant. It was stated that no case under section 498-A of the Indian Penal Code can be fastened against the petitioner in view of the provisions contained in such section, which reads as under :- "498-A. Husband or relative of husband of a woman subjecting her to cruelty - Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation - For the purpose of this section, "cruelty" means - (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand." 5. As per the FIR, allegations of the complainant are as under :- 6. It is apparent that insofar as the present petitioner is concerned, it has been very specifically stated that the petitioner is only a friend of husband of the complainant. As such, no case under section 498-A of the Indian Penal Code can be fastened against the petitioner. Reported shortly, for the purpose of prosecuting anyone under section 498-A of Indian Penal Code either the accused should be the husband of the complainant or should be near relatives. Therefore, the petition filed by the petitioner is allowed. His bail bonds stand discharged.