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Synopsis

The Supreme Court has said neighbours of husband cannot be made an accused in a case filed by the wife under Section 498 A of the Indian Penal Code.

A bench of Justices Aniruddha Bose and Sanjay Kumar quashed the summoning order and allowed an appeal by Ramesh Kannojiya and another against the Uttarakhand High Court's order.

The appellants were aggrieved with their implications in a case arising out of a complaint under Sections 498A, 323, 504, 506 of the Indian Penal Code and the provisions of the Dowry Prohibition Act, 1961.

They said they are neighbours of the family of the husband and have had facilitated the marriage between the complainant and the said accused.

Their argument was that they are not relatives of the husband and hence they cannot be implicated in any offence punishable under Section 498A of the IPC. 

The High Court, however, dismissed the petition of the appellants for quashing the FIR.

In their plea, the appellants have relied on the judgment of this court in the cases of 'Vijeta Gajra Vs State of NCT of Delhi' (2010) and 'U Suvetha Vs State By Inspector of Police and Anr (2009).

In the case of Vijeta Gajra, the bench pointed out, "It was held that reference to the word “relative” in Section 498¬A, IPC would be limited only to the blood relations or the relations by marriage.”

"In such circumstances, we modify the judgment assailed in this appeal and quash the summoning order as against the appellants so far as the allegation of commission of offence under Section 498A of the IPC is concerned," the bench said.

The court, however, clarified so far as other offences are concerned, the prosecution of the appellants should proceed in accordance with law.

The High Court in the case had dismissed the application by the appellants after noting no proper assistance from their counsel.

 

"In the light of the actual controversy involved in a Section 482 application, and there cannot be only an oral assertion at the behest of the counsel for the applicants that the issue stands covered by the certain judgments, without placing the same before the court," the HC had said.