The main legal point established in the judgment is the importance of judging whether the allegations, if not rebutted, would warrant a conviction and the need to prevent abuse of the process of law and miscarriage of justice.

JUDGMENT - CHITRE J.G., J.:---Heard the learned Counsel for the parties in detail.

2.Shri Thorat submitted that the complainant is in the habit of filing false complaints against the petitioners and present one is the same. He submitted that on 15-4-1997 a criminal case was amicably compounded in which the original complainant was complainant and present petitioners were accused and thereafter for harassing the petitioners, his wife, the original complainant, filed another complaint which is the basis of a prosecution which is pending in the Court of J.M.F.C. Vita, District Sangli in context with C.R. No. 85 of 1997 revolving around offences punishable under sections 498-A, 323 read with section 34 of I.P.C. He submitted that the said prosecution be quashed by exercising the inherent jurisdiction of this Court in view of provisions of section 482 of the Criminal Procedure Code (hereinafter referred to as "Code" for convenience) and by issuing an appropriate writ in that context.

3.Shri Saste, Additional Public Prosecutor, opposed the submissions advanced by Shri Thorat on behalf of the petitioners. He submitted that the complaint in respect of the present petition is in fact a different matter and the cause of action is different. He pointed out the date which has been mentioned in the last column of the charge-sheet which indicates that the offences took place during the period commencing from 24-4-1997 and ending with 10-6-1997. He submitted that this petition be dismissed.

4.Section 498-A of I.P.C. provides:---

"Whoever, being the husband or the relative of the husband of a woman, objects 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 purposes 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 or life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand."

4-A.Provisions of section 498-A have to be read as a whole and the cruelty which has been indicated by the said section has to be understood by utilising a broad spectrum. The meaning of the word "cruelty" has been given in the said section which in its wide sweep includes 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 to life, limb or health (whether mental or physical) of the woman. Therefore, an allegation pointing towards such conduct which touches the important facets disclosed by provision of section 498-A indicated in the explanation of sub-clause (a) has been seen and for that the mental or physical condition of the complainant has to be seen touching the allegations of such wilful conduct. If the wilful conduct is sufficient enough prima facie to lead to mental torture of such complainant, or is likely prima facie to cause damage to her health, such conduct would be coming under the broad spectrum which has been indicated by the said explanation in Clause (a).

5.Clause (b) of the explanation gives the idea in respect of the harassment of such woman and that harassment would be in context with coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. Again a broad spectrum has been indicated and a sweeping language has been indicated which would include number of things revolving around the allegation made in the complaint. It is well settled that while exercising the jurisdiction in view of section 482 of the Code, the Code should be slow to quash the charge-sheet, qu

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