IMPORTANT POINT
The central legal point established in the judgment is that the offense under Section 498A of the IPC applies only to the husband or relative of the husband of a woman, and individuals outside this definition cannot be held liable under this provision.

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash all further proceedings in Crime No.371/2023 of Ambalappuzha Police Station, Alappuzha, as against the petitioner, who is the 2nd accused in the above crime.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. I have scrutinized the relevant documents.

3. The petitioner herein, is a third party, who alleged to have maintained some illicit relationship with the husband of the de facto complainant. Acting on the statement given by the de facto complainant, crime was registered, alleging commission of offence punishable under Section 498A r/w Section 34 of the IPC (for short, 'the IPC' hereinafter), against accused Nos.1 and 2. The 1st accused in the above crime is the husband of the de facto complainant and the 2nd accused is the petitioner herein.

4. The learned counsel for the petitioner zealously pointed out that, as far as the petitioner herein is concerned, she is a third party and she would not come under the purview of the term 'relative' of the husband, mentioned under Section 498A of the IPC and therefore, registration of FIR and investigation moved against the petitioner, who is a third party, is an abuse of the process of court. In such view of the matter, FIR as against the petitioner, is liable to be quashed at the threshold.

5. The learned Public Prosecutor also conceded the fact that, going by the penal provision of Section 498A, the offence would attract only when husband or the relative of the husband of a woman, subjecting such woman to cruelty and nobody else.

6. While addressing the contention raised by the petitioner, reference to Section 498A of the IPC, is necessary and the same 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. Explanation.—For the purposes of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

7. A plain reading of Section 498A of the IPC would make it clear that the offence would attract only against husband or the relative of the husband of a woman. The word ‘relative’ means a person connected by blood or marriage. If at all there is allegation that the husband has been maintaining an illicit relationship with a lady, that lady would not come with the definition of ‘relative’ contemplated under Section 498A of the IPC. Therefore, the crime registered as against the petitioner herein is an abuse of process of court, thus found to be unsustainable.

8. In view of the matter, this Criminal Miscellaneous Case is allowed. All further proceedings in Crime No.371/2023 of Ambalappuzha Police Station, Alappuzha, registered against the petitioner herein, stand quashed, with liberty to the Investigating Officer to carry out investigation as against the other accused, as per law.