Proviso (c) to Sub-section (1) of Section 198 of the Code of Criminal Procedure allows the father, mother, brother, sister, son, daughter, or other relatives of the wife to file a complaint under Section 494 or 495 of the Indian Penal Code on her behalf.

V.K.Bali, J.

1. The question that has been referred to a larger Bench by a learned Single Judge of this Court (brother K.S. Kumaran, J.) for an authoritative decision is as to whether a complaint under Section 494 of the Indian Penal Code against the husband can be filed by the aggrieved wife only or whether it can be filed at her instance and on her behalf by the father of the wife or by any other person/persons mentioned in Proviso (c) to Sub-section (1) of Section 198 of the Code of Criminal Procedure.

2. The necessity of referring the matter to a larger Bench had arisen as in Resham Singh v. Kartar Singh, 1983 (2) RCR 497, it was held by a learned Single Judge of this Court that such a complaint at the instance of the father was wholly incompetent in view of Section 198 of the Code of Criminal Procedure as also in another decision again rendered by the learned Single, Judge in Surinder Kaur @ Chhindo v. Bhag Singh, 1990 (2) RCR 264, where complaint under Section 494 of the Indian Penal Code was not filed by the wife against her husband but by her father, the proceedings initiated on the complaint by the father were quashed. In Surinder Kaurs case (supra) no reference to the provisions of Section 198 of the Code of Criminal Procedure especially to the Proviso (c) to Sub-section (1) of Section 198 was made. In Resham Singhs case (supra), there was, of course, a reference to Section 198 of the Code of Criminal Procedure, but Proviso (c) to Sub-section (1) of Section 198 was not noticed.

3. There is no necessity to go at all to the facts of the case. Suffice, however, it to mention that respondent Mukhtiar Singh filed a complaint against the petitioner and seven others under Section 494 read with Section 149 of the Indian Penal Code on the allegations that his daughter Amarjit Kaur was married to the petitioner and while the marriage was still subsisting, the petitioner had once again contracted a second marriage with Karamjit Kaur on 11th December, 1988. Judicial Magistrate 1st Class after recording preliminary evidence, came to the conclusion that there were sufficient grounds to proceed against the petitioner and four others and consequently summoned them. The petitioner filed a petition under Section 482 of the Code of Criminal Procedure for quashing of the complaint and the aftermath thereof i.e. Summoning order. It is while hearing of this petition, for quashing that the Counsel representing the petitioner contended that complaint instituted by the respondent herein i.e. father of the first wife was wholly incompetent. Other points in support of the petition to quash the complaint and the summoning order were also taken but the matter has been referred to a larger Bench for determination of the point noted above.

4. As the answer to the question posed for determination by a larger Bench is basically dependent upon the provisions contained in Proviso (c) of Sub-section (1) of Section 198 of the Code of Criminal Procedure, the same needs immediate notice. It reads as follows :

(c) Where the person aggrieved by an offence punishable under (Section 494 or Section 495) of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her fathers or mothers brother or sister (or with the leave of the Court, by any other person related to her by blood, marriage or adoption)."

5. It is true that Sub-section (1) of Section 198 states that no Court shall take cognizance of an offence punishable under Chapter X of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence and it is primarily the first wife who is wronged on account of her husband having solemnised second marriage during subsistence of his first marriage but there are exceptions to the rule provided under Section 198 of the Code of Criminal Procedure itself. Chapter XX of the Indian Penal Code deals with the offences relating to mar