JYOTI Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has moved the present petition under Section 482 of the Cr.P.C. to quash the proceedings of the trial Court relating to Crime No. 167 of 2010 registered at Police Station Bahodapur (District Gwalior) for offence under Sections 498 -A, 506 read with Section 34 of IPC and Section 3/4 of Dowry Prohibition Act.

(2.) Facts of the case, in short, are that the respondent No. 2 had lodged a criminal complaint against her husband and family members and also lodged against the applicant, who was residing with her husband in live -in relationship that they were torturing her for demand of dowry and ousted from the house.

(3.) After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that the applicant Jyoti does not fall within the purview of "relative of the husband". In this connection judgment passed by the Apex Court in the case of "U. Suvetha Vs. State by Inspector of Police and another" [(2009) 6 SCC 757] may be referred, in which it is held that a person can be relative of the husband if he or she is connected by blood or marriage or adoption. "Girlfriend" or "concubine" being not connected by blood or marriage shall not be considered as relative of the husband. The offence of Section 498 -A of IPC and Section 3/4 of Dowry Prohibition Act cannot be committed by a stranger and, therefore, in the light of judgment passed by the Apex Court in case of U. Suvetha (supra), such crime could not be registered against the applicant. It is nowhere mentioned by the complainant that the applicant gave any threat to her, hence, prima facie no offence under Section 506 of IPC is made out against the applicant.