IMPORTANT POINT
The interpretation of 'relative' under Section 498-A of the IPC is limited to those related by blood, marriage, or adoption, and vague allegations are insufficient for prosecution under this section.

JUDGMENT/ORDER

VINAY JOSHI, J. - Admit. By consent of the learned Counsel for the parties, Criminal Application is taken up for final disposal.

2. Applicants are seeking to quash the first information report bearing Crime No.247/2022 registered with Chandur Railway Police Station, District Amravati [Gramin], for the offence punishable under Ss. 403, 405, 406, 323, 506, 420, 498-A read with Sec. 34 of the Indian Penal Code, Ss. 4 and 7 of the Muslim Women [Protection of Rights on Marriage] Act, 2019 and Ss. 4 and 7 of the Dowry Prohibition Act, 1961 along with Final Report No.63/2022.

3. The quashing is sought on account of inadequate, vague and general allegations. Particularly, it is tried to impress that applicants, who are relatives of wife of brother-in-law of husband, cannot be termed as 'relatives' of informants husband, and therefore, prosecution is untenable. Moreover it is submitted that in order to pressurize the husband and other relatives, they have been falsely implicated, though they never resided in the shared household. The other side has resisted the application by contending that there are specific allegations against both applicants, who have actively participated in harassing the informant.

4. The first information report dtd. 12/5/2022 was registered at the instance of the informant - lady against in all 7 accused. Applicants are arrayed as accused nos. 7 and 8, who are father and son. To be specific, applicant no.1 Abdul Salim [accused no.7] is uncle of wife of brother of husband, whilst applicant no.2 Ahmad Rehan [accused no.8] is son of applicant no.1. It is informant's case that she got married with accused no.1 on 2/2/2022. She has resumed cohabitation with her husband and other relatives. She was subjected to harassment on account of monetary demand. All accused including applicants used to physically and mentally harass her to meet unlawful demand. As regards to accused no.7/applicant no.1, it is alleged that all the time he was instigating accused no.1[husband] to leave the informant and marry with his niece. It is alleged that applicant no.2 was also saying that they should inject her poisonous substance while she is in sleep. It is alleged that on 5/3/2022, in the evening, all the accused beat her, particularly applicants [accused nos. 7 and 8] also beat her by fists blows and kicks, and left her to bus stand from where she returned to her parental house.

5. It reveals from the entire police report that major allegations are against husband and his nearer relatives. The informant has stated that after marriage she resumed to cohabit at her husbands place at Village Dhanaj, Taluq Karanja Lad, District Washim with accused nos. 1 to 6. She stated that applicants [accused nos.7 and 8] also used to come and stay at said place. Therefore, it is evident that applicants are residing elsewhere, however, allegedly they used to visit at informants matrimonial house. On perusal of the charge sheet it reveals that rest of the accused no. 1 to 6 are residing at village Dhanaj, Taluq Karanja, whilst applicants are resident of Badnera, District Amravati. Since applicants/accused nos. 7 and 8 are residing separately, the matter is viewed with a different perspective. Though there are omnibus allegations that all the accused used to harass the victim, however, besides last incident dtd. 5/3/2022, there are no specific allegations against applicants.

6. According to applicants, the prosecution against them under Sec. 498-A of the Indian Penal Code itself is untenable because they cannot be termed as "relative of husband" of the informant lady. To substantiate said contention heavily reliance is placed on the decision of Supreme Court in case of U.Suvetha .vrs. State by Inspector of Police and another [2009] 6 SCC 757. In said case, the question which fell for consideration was - whether the term 'relative of husband of a woman' within the meaning of Sec. 498-A of the Indian Penal Code should be given an extended meaning.