Section 498A IPC: Term 'Relative' has to be related only to blood relations or relatives by marriage or adoption of husband [Read the Order]

June 02, 2019:

On Thursday, The Delhi High Court discarded Trial Court's order to summon the relative of husband of a victim charged under Section 498A Indian Penal Code  for not falling to the criteria of 'relative' of the husband as per definition.

The petitioners herein are the matrimonial Uncle & Aunt of the sister-in-law (Jethani) of the victim.

The victim alleged that the petitioners herein were the persons who were responsible for the second marriage of the her husband. She further stated that the petitioners herein also used to keep compelling her to leave the matrimonial home and that she was asked by the petitioners herein to leave her matrimonial home as the new bride was to come but she, the complainant refused to leave the matrimonial home and then, her husband, her parents-in-law, her brother-in-law and his son namely Asif, sisters-in-law (Jethanis and Nanad) bolted her in a room and beat her with fist blows and kicks and threatened her and told her that if she came out of the house, she would be burnt alive.

It has been contended on behalf of the petitioners that the learned Trial Court has not taken into account that there is no demand of dowry made by the petitioners for themselves and that they have been erroneously summoned and that the petitioners did not fall within the definition of ‘relatives of husband’ under Section 498A of the Indian Penal Code, 1860 and did not fall within the category of relatives of the husband and that the words ‘relative of the husband’ under Section 498A of the Indian Penal Code, 1860 inserted into the enactment can never have been so inserted to mean every person who was merely remotely connected with the main characters of the case. The petitioners further submitted that they are stated to be maternal uncles (Mamas) of the sister-in-law (Jethani) of the complainant and can thus, be termed to be the relatives of the sister-in-law (Jethani) of the complainant and cannot be termed to be the relatives of the husband of the complainant and the petitioners have submitted that their summoning to face the trial has resulted into great miscarriage of justice and that the present petitioners cannot be allowed to stand the trial qua the charge sheet submitted.

The High Court after observing certain Supreme Court Judgement stated that the petition is allowed to the extent that the petitioners cannot be prosecuted for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 which in relation to the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 alone is quashed qua the two petitioners alone. However, the same shall not prevent the prosecution of the petitioners if permissible in law for any of other offence that may be constituted against them on the basis of the allegations leveled against them.

The Order was passed by HON'BLE MS. JUSTICE ANU MALHOTRA on 30-05-2019.

Read the Order here: