Heard learned counsel for the applicant and learned A.G.A. representing the State Perused the records.

The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the impugned charge sheet dated 24.01.2010 submitted in Criminal Case No.174 of 2010 under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahrauli, District Lalitpur pending in the Court of Additional Chief Judicial Magistrate, Mahrauli, Lalipur.

This case has been taken up today as a mentioned case. The learned counsel for the applicant making mention was directed to inform the learned counsel for the opposite party no.2 that this case shall be taken up at 12.00 noon. Learned counsel has stated at bar that when he informed Ms. Ruchika Jain, learned counsel opposite party No.2, she stated that she had no further instructions from her client i.e. opposite party No.2 since long.

Learned counsel for the applicant has submitted that it is a dispute arising out of matrimonial discord and now, the husband and wife have amicably settled this dispute. Now, they are living peacefully together, whereas the applicant, who has absolutely no concern with this matrimonial dispute and, who is merely a business partner of the husband of opposite party No.2 is unnecessarily being harassed due to the criminal case lodged against her by opposite party No.2 under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act Police Station Mahrauli, District Lalitpur, only in order to settle her grouse based on suspicion about the relationship between her husband and the applicant.

Learned counsel for the applicant has drawn the attention of this Court to the impugned charge sheet filed by the Police in which the I.O. has even clearly mentioned that the applicant does not come under the definition of "relative of husband", but despite this, he has submitted charge sheet against the applicant without proper investigation and the learned Magistrate too, without even considering this fact, has mechanically taken cognizance on the said charge sheet. Learned counsel for the applicant has submitted that in view of the fact that husband and wife are living together, opposite party No.2 (wife) will never appear before the court concerned and will try to keep the matter to remain pending, which is already pending since 2011. While drawing the attention of this Court to the Judgment dated 28.07.2012 passed by A.C.J.M. Mahrauli, District Laitpur in the same case, learned counsel for the applicant submitted that in the aforesaid matter all the other co-accused persons including even the husband, mother-in-law, father-in-law have already been acquitted on the ground of compromise, but the criminal proceedings against the applicant are still pending due to an interim stay order dated 28.11.2011 passed by this Court with regard to applicant.

On the aforesaid grounds, learned counsel for the applicant has submitted that the entire proceedings in pursuance of the said charge sheet filed under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act be quashed.

Learned A.G.A. has opposed the same, but he has not pointed out any relevant fact contradictory to the aforesaid submissions.

Section 498-A of I.P.C., which is reproduced below envisages in unequivocal terms about cruelty and harassment by husband or his relatives. It no where provides about harassment by friends of the husband.

Section 498A in The Indian Penal Code 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 purpose 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