RAVINDER SINGH DHILLON Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) THE question that has been referred to a larger Bench by a learned Single Judge of this Court (brother K. S. Kumaran, J.) for an authoritative decision is as to whether a complaint under Section 494 of the Indian Penal Code against the husband can be filed by the aggrieved wife only or whether it can be filed at her instance and on her behalf by the father of the wife or by any other person/persons mentioned in Proviso (c) to Sub-section (1) of Section 198 of the Code of Criminal Procedure.

(2.) THE necessity of referring the matter to a larger Bench had arisen as in Resham Singh v. Kartar Singh, 1983 (2) RCR 497, it was held by a learned Single Judge of this Court that such a complaint at the instance of the father was wholly incompetent in view of Section 198 of the Code of Criminal Procedure as also in another decision again rendered by the learned Single, Judge in Surinder Kaur @ Chhindo v. Bhag Singh, 1990 (2) RCR 264, where complaint under Section 494 of the Indian Penal Code was not filed by the wife against her husband but by her father, the proceedings initiated on the complaint by the father were quashed. In Surinder Kaur's case (supra) no reference to the provisions of Section 198 of the Code of Criminal Procedure especially to the Proviso (c) to Sub-section (1) of Section 198 was made. In Resham Singh's case (supra), there was, of course, a reference to Section 198 of the Code of Criminal Procedure, but Proviso (c) to Sub-section (1) of Section 198 was not noticed.

(3.) AS the answer to the question posed for determination by a larger Bench is basically dependent upon the provisions contained in Proviso (c) of Sub-section (1) of Section 198 of the Code of Criminal Procedure, the same needs immediate notice. It reads as follows : (c) Where the person aggrieved by an offence punishable under (Section 494 or Section 495) of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister (or with the leave of the Court, by any other person related to her by blood, marriage or adoption ). "