IMPORTANT POINT
Cruelty and dowry offences – Paramour of an accused cannot be dragged into proceedings under Section 498A of IPC as said accused would not become a relative or a member of family as is necessary under Section 498A of IPC.

ORDER

Petitioners - accused Nos.4 and 9 are before this Court calling in question registration of a crime in Crime No.163/2022 registered for the offences punishable under Sections 498A, 323, 324, 307, 420, 504, 506 and 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard Sri. Rakshith K. S., learned counsel for the petitioners, Sri. Tomy Sebastian, learned Senior counsel along with Sri. Melanie Sebastian, learned counsel for respondent No.2 and Sri. Thejesh P, learned HCGP for respondent No.1.

3. The facts adumbrated are as follows:-

Accused No.1 and the complainant are husband and wife. It transpires that the marriage has taken place on 07.02.2022. It further transpires that the relationship between husband - accused No.1 and the complainant flounders. On such floundering of the relationship, the impugned crime comes to be registered in Crime No.163/2022 for the aforesaid offences while accused Nos.1 to 3 and 5 to 8 are all members of the family or the mother-in-law or fatherin- law as the case could be. These petitioners are arraigned as accused Nos.4 and 9. The relationship between first petitioner - accused No.4 even according to the complainant is she is a paramour of the husband - accused No.1 and second petitioner - accused No.9 is the mother of accused No.4 - first petitioner.

4. This Court in terms of its order dated 22.02.2023 has stayed further investigation against these petitioners and the said interim order is subsisting even as on date.

5. Learned counsel for the petitioners taking this Court through the documents appended to the petition with particular reference to the complaint would seek to demonstrate that there is not even a sprinkling reference to these petitioners which would touch upon the ingredients of any of the offences so alleged against the petitioners. It is his submission that without any rhyme or reason, these petitioners are drawn into the web of investigation in Crime No.163/2022.

6. Per contra, learned Senior counsel Sri. Tomy Sebastan appearing for the complainant - respondent No.2 would seek to refute the submissions contended that the police after investigation have filed charge sheet against all other accused. The offences are grave and what is found in the summary of the charge sheet would clearly indicate that first petitioner is responsible for all the happenings in the life of accused No.1 or the family members. While insofar as the mother of first petitioner is concerned, learned Senior counsel would accept that there is no allegation that can touch upon any of the offences so alleged.

7. I have given my anxious consideration to the submissions made by learned counsel for the parties and have perused the material on record.

8. The afore narrated facts are not in dispute. The link and the dates and events are all a matter of record. Since, the entire issue has now sprung from the complaint, I deem it appropriate to notice the complaint not, in its entirety but insofar as it is germane to the lis. The reference made to these petitioners in the complaint reads as follows:-

(Matter in Other Language)

9. A perusal at the said references in the complaint would indicate an affair between accused No.1 and first petitioner. Therefore, it cannot but be said that the first petitioner was a paramour. It is settled principle of law that a paramour of an accused cannot be dragged into proceedings under Section 498A of IPC as the said accused would not become a relative or a member of the family as is necessary under Section 498A of IPC thus, tumbles down the offence under Section 498A of IPC qua the first petitioner.

10. There are other offences also alleged. If the other offences alleged are pitted against what is narrated in the complaint, none of the ingredients of any of the offences can be found against the first petitioner - accused No.4 as the other offences are ones under Sections 323, 324, 307, 420, 504 and 506 of IPC. There is not even a titter of foundation lai