HULIRAJ Vs. STATE

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973, praying to exercise the inherent powers under Section 482 of Criminal Procedure Code examine the records and quash the proceedings pendings before in the court of Principal JMFC-II at Raichur, in C.C.No.526/2016 (Crime No.12/2015) against the petitioners. Which is registered for the offences under Section 498A, of Indian Penal Code.

(2.) The petition in Crl.P.200680/2016 is preferred in the backdrop that the prosecution has been launched against the first petitioner and the second petitioner for offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC', for brevity). This was initiated as on 23.09.2013.

(3.) Insofar as the Petitioner No.2 is concerned, the allegation against Petitioner No.2 is to the effect that she has instigated Petitioner No.1 - the complainant's husband and that she has abused her on telephone. The charge-sheet therefore is filed invoking Section 498-A IPC. On the face of it, it is not the case of the complainant nor is it on record that Petitioner No.2 is a relative of either the complainant or her husband. Section 498-A proceeds on the footing that whoever being the husband or the relative of the husband of a woman subjects such woman to cruelty, shall be punished with imprisonment. Therefore, unless the Petitioner No.2 was prima facie shown to be a relative of the husband of the complainant, no proceedings could have been initiated by invoking Section 498-A. This primary aspect has been overlooked in filing a charge-sheet against Petitioner No.2. Therefore, prima facie, it is invalid and no case could be made out against the said second petitioner even if the matter is taken to its logical conclusion.