Whether wife of brother of complainant can be prosecuted under S 498A of IPC?
be noted that penal provisions required strict construction and when the
phrases of a statute are not defined, they have to be understood in the
natural, ordinary or popular sense. That being so, the phrase relative of
the husband employed in Section 498A IPC should be understood as
relatives of the husbands side with whom he obtained relationship by
way of blood, marriage or adoption. That being so A6 during the relevant
period being the sister-in-law of complainant, she cannot be said to be the
relative of the husband. It is true by virtue of marriage between A1 and
complainant, the relatives of one side became relatives of both sides in a
general sense. However, for the strict construction of penal provision
under Section 498A, A6 who was the relative of the complainant, cannot
be said to be the relative of the husband of the complainant i.e.A1. For this
reason and also for the reason that no allegations of cruelty falling within
the meaning of Section 498A IPC and the allegations touching other
offences are made against A6, she deserves quashment of the proceedings.
ANDHRA PRADESH HIGH COURT
THE HONBLE SRI JUSTICE U. DURGA PRASAD RAO
Criminal Petition No.8086 of 2013
Dated:01-06-2016
Smt. Shaik Riayazun Bee.
Vs
The State of A.P. rep by P.P High Court of A.P, Hyderabad and another..
https://www.lawweb.in/2016/07/whether-wife-of-brother-of-complainant.html
