RAMESH PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr.Samantaray, learned counsel for the petitioners and Miss D. Mohapatra, learned counsel for Opp. Party No.2 -informant. The challenge in this application under Section 482 Cr.P.C. is made to an order dated 20.7.2010 passed in G.R. Case No.697 of 2009 framing charge against the petitioners under Section 498A and other provisions of the I.P.C., inter alia, on the ground that the petitioners are not relatives of the husband of the informant and therefore, no charge under Section 498A IPC can be framed against them.

(2.) IN the case of U.Suvetha Vrs. State by Inspector of Police and another, 2009 6 SCC 757, the Hon'ble Supreme Court has held that Section 498A is a penal one. It, thus, deserves strict construction. Ordinarily, save and except where a contextual meaning is required to be given to a statute, a penal provision is required to be construed strictly. Since the word 'relative' has not been defined in the Indian Penal Code, the Hon'ble Supreme Court has referred to various Dictionaries and Lexicons and in particular, Random House Webster's Concise College Dictionary defines 'relative' that a person who is connected with another or others by blood or marriage.

(3.) THE case of the petitioners is that they are not relatives of the husband of the informant either by blood or by adoption. It is claimed by the petitioners that the husband of the informant was a tenant in the house of the petitioners and since he was a orphan, they had participated in the marriage ceremony solemnized at Taratarini Pitha on 19.5.2008. Section 498 -A of the Penal Code reads as under: