IMPORTANT POINT
The term 'relative' under Section 498A of IPC includes spouses of siblings residing at the matrimonial home, and body shaming does not constitute cruelty unless it poses a serious threat to the woman's health.

ORDER :

A. Badharudeen, J.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, (for short, ‘the Cr.P.C.’ hereinafter) to quash Annexure 1 Final Report in C.C.No.618/2022 on the files of the Judicial First Class Magistrate Court, Kuthuparamba, arose out of Crime No.218/2022 of the Kuthuparamba police station, Kannur, and all further proceedings thereof. The petitioner herein is the 3rd accused in the above case.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. In a nutshell, the prosecution alleges commission of offence punishable under Section 498A r/w Section 34 of the Indian Penal Code (for short, 'the IPC' hereinafter) by the accused and the foundation for the said offence stems from the plank of marriage of the 1st accused and the de facto complainant on 8.4.2019. The specific allegation is that after the marriage, while the de facto complainant was staying at the matrimonial home, she was subjected to persecution by the 1st accused, who is her husband, the 2nd accused, father-in-law of the de facto complainant and the 3rd accused, who is the wife of the elder brother of the 1st accused.

4. While seeking quashment of the proceedings, the learned counsel for the petitioner pointed out two legal aspects. The first point argued by the learned counsel for the petitioner is that, since the 3rd accused/the petitioner herein is the wife of the elder brother of the 1st accused, she would not come under the purview of the term 'relative' dealt under Section 498A of the IPC. According to the learned counsel for the petitioner, even though the term 'relative' is not defined in the IPC or under Section 498A of the IPC, explanation to Section 176 of the Cr.P.C., the expression 'relative' means parents, children, brothers, sisters and spouse and nobody else. The learned counsel further argued that, in the pari materia provision viz., Section 196 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, 'the BNSS' hereinafter) also, the same definition is engrafted. According to the learned counsel for the petitioner, as per Section 2(39) of the Bharatiya Nyaya Sasnhita, 2023 (for short, 'the BNS hereinafter), it has been provided that, words and expressions used but not defined in Sanhita, but defined in the Information Technology Act, 2000 and the BNSS, 2023 shall have the meanings respectively assgined to them in that Act and Sanhita. Therefore, explanation appended to Section 176 of the Cr.P.C. and Section 196 of the BNSS to be read to understand the word 'relative' mentioned in Section 498A of the IPC. The learned counsel placed decision of the Apex Court in U.Suvetha v. State & Ors. reported in [(2009) 6 SCC 757], where the Apex Court considered the expression relative of a husband of the woman occurring in Section 498A of the IPC, while dealing with the case of a concubine. After elaborately considering the other earlier decisions, the Apex Court held that the status of relative must be conferred either by blood or marriage or adoption and if no marriage has taken place, the question of one being relative of another would not arise. In the said decision, the Apex Court dealt with the term 'relative' in paragraph No.12 as under:

12. In the absence of any statutory definition, the term `relative' must be assigned a meaning as is commonly understood. Ordinarily it would include father, mother, husband or wife, son, daughter, brother, sister, nephew or niece, grandson or grand-daughter of an individual or the spouse of any person. The meaning of the word `relative' would depend upon the nature of the statute. It principally includes a person related by blood, marriage or adoption.

The word `relative' has been defined in P. Ramanatha Aiyar

Advanced Law Lexicon - Volume 4, 3rd Edition as under :-

"Relative, "RELATIVE" includes any person related by blood, marriage or adoption. [Lunacy Act].

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