Andhra Pradesh High Court - Amravati
Melabanti Vasavi, vs State Of Ap on 17 September, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5249 of 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking
quash of F.I.R in Crime No.135 of 2021 of Kolluru Police Station,
Guntur District, registered for the offence punishable under
Section 498-A IPC.
Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
The petitioners are A-2 and A-3 in the above crime. The 2nd
respondent, who is the de facto complainant, lodged a report with the
police stating that her marriage with A-1 was performed by the
petitioners herein, who are the junior paternal uncle and aunt of
A-1, as the father of A-1 died by the time of their marriage. It is
alleged in the report that the petitioners herein along with A-1
demanded the de facto complainant to bring money after selling her
share in the property of her parents and that they all have
subjected her to harassment with the said illegal demand.
Therefore, the aforesaid crime was registered against the
petitioners along with A-1 for the offence punishable under Section
498-A IPC. The said case is now under investigation.
Learned counsel for the petitioners would submit that the
petitioners are not at all related to A-1 and as such they are not
liable for prosecution under Section 498-A IPC. He would contend
that only relatives of the husband are liable for prosecution under
Section 498-A IPC, as per the language employed in 498-A IPC. He
would also submit that only vague allegations are made against the
petitioners in the F.I.R. Therefore, he sought for quash of F.I.R.
against the petitioners on the aforesaid two grounds.
Learned Additional Public Prosecutor vehemently opposed
the Criminal Petition. He would submit that it is clearly mentioned
in the F.I.R lodged by the de facto complainant that the petitioners
herein are the junior paternal uncle and aunt of A-1 and that they
have performed the marriage of de facto complainant with A-1. So, he
would submit that it cannot be said that the petitioners are not
relatives of A-1 and that they are not liable for prosecution as
contended by learned counsel for the petitioners. He would further
submit that the allegation mentioned in the F.I.R that these
petitioners along with A-1 demanded the de facto complainant to
bring money after selling her share in the property of her parents
and that the petitioners along with A-1 subjected her to
harassment, is a very specific allegation and it is not a vague
allegation and as such the matter requires investigation to find out
the truth or otherwise of the said allegations and that it is not a fit
case for quash of F.I.R or to interdict the investigation. So, he
would pray for dismissal of the Criminal Petition.
As can be seen from the contents of the F.I.R, as rightly
contended by learned Additional Public Prosecutor, it is very
clearly stated in the F.I.R that the petitioners herein are the junior
paternal uncle and aunt of A-1 and that they have performed her
marriage with A-1 as the father of A-1 died by the time of the said
marriage. Therefore, when there is a clear allegation showing
relationship of the petitioners with A-1 as junior paternal uncle
and aunt, it cannot be said under any stretch of reasoning that
they are not relatives of A-1. As can be seen from the language
employed in Section 498-A IPC, it is clear that any person, being
the husband or the relative of the husband of a woman, subjects
such woman to cruelty that they are liable for prosecution. The
explanation appended to Section 498-A IPC, which defines cruelty
also makes it clear that as per clause (b), harassment of the
woman with a view to coercing her or any person related to her to
meet any unlawful demand for any property or valuable security
amounts to cruelty.
Therefore, going by the contents of the F.I.R, it prima facie
discloses that the petitioners are relatives of the husband of the de
facto complainant and as such it cannot be said that they are not
relatives of A-1.
In the judgment relied on by the learned counsel for the
petitioner in U.Suvetha Vs. State1, it is a case where girlfriend of
the husband was implicated as an accused under Section 498-A
IPC. Therefore, in the facts and circumstances of the case, the
Apex Court held that girlfriend or concubine, who is not connected
by blood or marriage, is not a relative of the husband as per
Section 498-A IPC. The facts are very much distinguishable. Here,
(2009) 6 SCC 757
the petitioners, being junior paternal uncle and aunt of A-1, are
relatives of A-1 and also the de facto complainant by their marriage.
As regards the allegation against these petitioners is
concerned, it is clearly mentioned in the F.I.R that these
petitioners have along with A-1 subjected the de facto complainant to
cruelty with a demand to bring money after selling her share in the
property of her parents. So, there is a clear allegation made to that
effect against these petitioners, which clearly comes within the
definition of cruelty as defined in explanation of clause (b) of
Section 498-A IPC. Therefore, when the allegations mentioned in
the F.I.R prima facie disclose commission of an offence, which
constitutes an offence punishable under Section 498-A IPC, the
matter requires investigation to find out the truth or otherwise of
the said allegations ascribed in the F.I.R. There are absolutely no
valid legal grounds emanating from the record warranting
interference of this Court under Section 482 Cr.P.C, in exercise of
its inherent powers, either to quash the F.I.R or to interdict the
investigation. Therefore, the Criminal Petition lacks merit.
Resultantly, the Criminal Petition is dismissed.
Miscellaneous petitions, if any pending, in the Criminal
Petition, shall stand closed.
______________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 17.09.2021
AKN
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5249 of 2021
Date: 17-09-2021
AKN
