Saliq and Others vs State of U.P. and Another

Barkat Ali Zaidi, J.—In a criminal case (No. 244 of 2005) filed by the opposite party No. 2, complainant, Ram Janak, father of Smt. Keshu Devi, who was married to applicant Vijay Kumar in the court of A.C.J.M. Jaunpur, the Magistrate has ordered issuance of summons under Sections 323, 504, 506 and 498A, I.P.C. and Section 3/4 of Dowry Prohibition Act against the seven accused including Vijay Kumar, his parents applicant Nos. 1 and 3, Grandfather applicant No. 2, brothers applicant Nos. 6 and 7 and the unmarried sister applicant No. 5 Sarita.

This is what brings the applicants to this Court for relief u/s 482, Cr. P.C.

Heard Sri Satyendra Pratap Singh advocate for applicant and Sri R. K. Maurya, Additional Government Advocate for the State.

The applicants say that a petition was filed u/s 9 of the Hindu Marriage Act by applicant, Vijay Kumar against his wife Keshu Devi which has been decided by the Civil Judge (Senior Division) Pratapgarh vide judgment dated 17.2.2007. His further contention is that after petition u/s 9 of the Hindu Marriage Act was filed these criminal proceedings are initiated in which everyone of the husband''s family has been roped.

In proceedings u/s 498A, I.P.C., husband becomes the prima donna of the case.

In our social polity, the mother-in-law and the father-in-law (applicant Nos. 1 and 3) have a significant role to play in the affairs of the house and in the inter se relations of the family. If they guide and advise their son to exercise restraint and keep peace with his wife, things are likely to take a different shape. Quite some times, therefore, the mother-in-law and the father-in-law have a role to play for harassment and dowry demand. A line of distinction has, therefore, to be drawn between other members of the family and the mother-in-law and the father-in-law.

As such, the husband and the mother-in-law and the father-in-law, (Applicant Nos. 1, 3 and 4) need not be removed from the array of the accused and these three applicants are not entitled to any relief in this petition u/s 482, Cr. P.C.

The inclusion of the aforenoted other relatives of the husband who are remaining applicants in the array of the accused is manifestly with an intention to compel the husband to surrender and to subjugate and terrorise him. It does not need any evidence to come to such conclusion. The writing is there on the wall. The continuance of all these persons as accused will be gross abuse of the process of law and their names need to be deleted from the array of the accused.

The petition is allowed to the extent, that case will proceed only against the husband and his parents, and shall stand terminated against remaining accused-applicants.