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2009(3) Supreme 797
SUPREME COURT OF INDIA
S.B. Sinha and R.M. Lodha, JJ.
U. Suvetha — Appellant
versus
State by Inspector of Police and another — Respondents
Criminal Appeal No. 938 of 2009
(Arising out of Special Leave Petition (Crl.) No.7163 of 2008)
Decided on : 06-05-2009
2007 (8) SCALE 354; 2008 (9) SCALE 681 – Relied upon.
(b) Indian Penal Code, 1860 – Section 498A – Term ‘husband’ would bring within its fold a person who is said to have contracted a marriage with another woman and subjected her to cruelty. (Para 16)
2002(2) Crimes 177 SC: JT (2002)2 SC 641; (2004) 3 SCC 199 – Relied upon.
(c) Indian Penal Code, 1860 – Section 498A – A girl friend or even a concubine would not be a ‘relative’ – The word ‘relative’ brings within its purview a status – Such a status must be conferred either by blood or marriage or adoption. (Para 18)
1 (2007) DMC 797; Cri. Appli. No.388 of 2008; 2007 Cri.L.J. 3866; Cri. Rev. No. 872 of 2006 – Cited with approval.
(d) Indian Penal Code, 1860 – Section 498A – Relative of the husband – The test is whether it is probable that a woman is treated by friends, relatives, husband or society as a “wife” or as a mere “mistress” – If the woman concerned is regarded as wife and not as a mere mistress, she can be considered to be a ‘wife’ and consequently as ‘the relative of the husband’ – Proof of a legal marriage in the rigid sense is unnecessary for establishing an offence under Section 498A IPC. (Para 20)
2005 M.L.J. (Crl.) 841 – Cited with approval.
Facts of the case :
1. Respondent No.2 was married to one Tutus Gunaraj on 18th May, 2005. Allegedly, he had some connection with the appellant. On coming to know about the same the first informant asked her husband thereabout. She was allegedly ill treated. She was left by her husband to live with her mother-in-law at Cuddalore while he went to his place of work at Sivagangai.
2. Allegedly dowry demands were again made.
3. Inter alia on the premise that the allegation made against the appellant in the first information report, even if it be given face value, does not disclose an offence under Section 498A of the Indian Penal Code, an application for discharge was filed by her. The same was dismissed on 25th March, 2008. A revision application filed thereagaisnt has been dismissed by the High Court by reason of the impugned judgment dated 1st August, 2008.
4. The core question which arises for consideration is as to whether the ‘girl friend’ would be a ‘relative of husband of a woman’ in terms of Section 498A IPC.
Finding of the Court :
Appellant is not a relative of the husband of the first informant.
Result : Appeal allowed.
JUDGMENT
S.B. Sinha, J.—
1. Leave granted.
2. Whether the term “relative of husband of a woman” within the meaning of Section 498A of the Indian Penal Code should be given an extended meaning is the question involved herein.
3. Respondent No.2 was married to one Tutus Gunaraj on 18th May, 2005. Allegedly, he had some connection with the appellant. On coming to know about the same the first informant asked her husband thereabout. She was allegedly ill treated. She was left by her husband to live with her mother-in-law at Cuddalore while he went to his place of work at Sivagangai.
4. Allegedly dowry demands were again made, the details whereof are not necessary to be noticed. However, we may notice that portion of the allegations made in the first information report, which is relevant for our purpose. It reads as under :-
“Even though properly advised my husband he has not cut the illegal relationship with the said Swetha. If I talk about her, my husband beat me and tortured me. My mother-in-law also abetting him. If my husband received the salary, he gave the same with his aunt Thangam, then whenever required, at that time he get the money from her for his expenses. Even though my mother-in-law has known very well about the illegal intimacy of the husband with Swetha wantonly given married me with him. The address of the said lover Swetha is D/o. Venka Takrishnan, No.167, Majestic Colony Valasaravakkam, Alwarthiru-nagar, Chennai-50, for not paying the money and jewellery my husband of my mother-in-law compelled me to get divorce and tortured me. I am tolerating all these hardships. In the deepavali of the year 2006 my husband told me that he is going to his native and left me with my parents’ house. Hence my father send/issued a legal notice to my husband and my mother-in-law on 13.11.2006, then even though conciliation talks made, but the said conciliation failed on 12.1.07. My husband filed petition for divorce. Hence I request you to take immediate action on my complaint and get back my dress and my TV Scooty NoTN05 C 4971. My husband and my mother-in-law concealed the true facts and married me and spoiled my life. Hence, I also request you to take action against them and file a case against them and get punished them in accordance with law. My husband and mother-in-law tortured and ill-treated me by demanding dowry. They have scolded me with untoward and untolerable words and beat me so many times and treated me very badly. Hence, I pray to take action in accordance with law against them and punish them. My husband’s aunt Tmt. Thangam, her son-in-law Utha, and his concubine Swetha all are inducing my husband and my mother-in-law to ill treat me and tortured me. Hence I request you to take action against those persons and punish them in accordance in law after filing a case.”
5. Inter alia on the premise that the allegation made against the appellant in the first information report, even if it be given face value, does not disclose an offence under Section 498A of the Indian Penal Code, an application for discharge was filed by her. The same was dismissed on 25th March, 2008. A revision application filed thereagaisnt has been dismissed by the High Court by reason of the impugned judgment dated 1st August, 2008.
6. In the first information report except at one place the appellant has been described by the first informant as ‘girl friend’ of her husband and only at the end the word ‘concubine’ has been used.
The core question which arises for consideration is as to whether the ‘girl friend’ would be a ‘relative of husband of a woman’ in terms of Section 498A of the Indian Penal Code.
Section 498A of the Indian Penal Code reads as under:-
“498A. Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Exp
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