RAJETI LAXMI Vs. STATE OF A P

JUDGEMENT

(1.) 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 Section 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 498A, 497 IPC and Sections 3 and 4 of Dowry Prohibition Act read with Section 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-l, to attract the provisions of Section 498-A IPC.

(3.) The learned Public Prosecutor submits that whether 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.