HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6123 of 2011 ORDER: The petitioner-Accused No.5 approached this Court with a prayer to quash the proceedings initiated against him in C.C.No. 165 of 2011 on the file of XIII Addl. Chief Metropolitan Magistrate, Hyderabad, registered for the offence under Sections 498-A, 406, 506 read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. It is the case of the de facto complainant that the petitioner is the concubine of her husband. The allegations in the said complaint are that at the instigation of the petitioner herein, her husband and in-laws have committed the above said offences. Nowhere, it is stated in the complaint that what is the instigation by the petitioner herein. The Calendar Case is taken on file is for an offence under Sections 498-A, 406, 506 read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. So far as the offence under Section 498-A IPC is concerned, the said Section attracts only to the husband and his relatives, a concubine of the husband cannot be called as a relative of the husband. Hence, the said offence is not attracted so far as the petitioner is concerned. In the same way, the other offences are not attracted. In view of the fact that no offence is attracted so far as the petitioner is concerned, more particularly to attract the provisions under Sections 3 and 4 of the Dowry Prohibition Act, the 2nd respondent, if aggrieved over the attitude of the petitioner herein i.e. rendering assault on her, the 2nd respondent is at liberty to file a fresh application, if she so chooses. Under these circumstances, the Criminal Petition is allowed and the impugned proceedings in C.C. No. 165 of 2011 on the file of XIII Addl. Chief Metropolitan Magistrate, Hyderabad is hereby quashed. _____________ RAJA ELANGO, J 2.12.2011 CHV