IMPORTANT POINTS
(1) Cruelty – Not every instance of discord amounts to “cruelty” within meaning of Section 498A IPC – It is inherent in conjugal life that both spouses are expected to maintain mutual respect, share responsibilities, and contribute to welfare of family.
(2) Where no specific role is attributed to any accused, and allegations lack particulars as to date, time, or manner of commission of offence, continuation of criminal proceedings would operate as prejudice and oppression against accused.

JUDGMENT

Ajay Kumar Gupta, J.—This instant Criminal Revisional application has been preferred by two accused persons under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘CrPC’) seeking quashing of the proceedings being Special Case No. 9/2022 arising out of Patuli P.S. Case No. 52/2022 dated 15.03.2022 under Sections 498A/406/506/34 of the Indian Penal Code, 1860, Sections 3/4 of the Dowry Prohibition Act, 1961 read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(1)(u) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (corresponding to ACGR No.1052/2022), now pending before the Court of the Learned District and Sessions Judge, 1st Court, Alipore, South 24 Parganas .The petitioner further challenges the order dated 12.05.2022 passed by the Learned District and Sessions Judge, 1st Court, Alipore, South 24 Parganas whereby Trial Court took cognizance of the offences as alleged.

2. The material facts, in brief are that petitioner no. 1 is a registered medical practitioner holding an MS in Anatomy and a Diploma in Radiotherapy. He retired upon superannuation from the West Bengal Health Services; his last posting was being at the Medical College and Hospital, Kolkata. At present, he is engaged on a contractual basis in the Department of Paediatric Surgery at KPC Medical College and Hospital, Jadavpur. Petitioner no. 2 is a geologist, presently serving with the Geological Survey of India.

3. The opposite party no. 2 being the wife of petitioner no. 2 lodged a written complaint with the Officer-in-Charge of Patuli Police Station alleging in details as under: -

3a. On 21.04.2011, the marriage between the petitioner No. 2 and the opposite party No. 2 got registered. On 26.01.2014, the opposite party No. 2 got married to the petitioner No. 2 as per Hindu Rites and Customs. After marriage, the opposite party No. 2 lived with her husband (i.e. the petitioner No. 2) at the matrimonial house in Beliaghata. On 19.12.2019, the couple was blessed with a daughter.

3b. From the beginning of their conjugal life, the opposite party No. 2 realized that the petitioner No. 2 was an impatient, aggressive, unsupportive, cruel, uncaring, insensitive, critical, demanding, dominating, self-obsessed, proud, and unromantic person. The petitioners and Tanuja Konar (i.e. the mother of petitioner No. 2) used to verbally abuse the opposite party No. 2. The petitioner No. 1 and Tanuja Konar also used to criticize the physical appearance of the opposite party No. 2, called her ugly, short, fat, dark-complexioned, and uncultured and they also mocked her for being a member of a lower class and lower caste. Tanuja Konar used to publicly humiliate and mock the opposite party No. 2 for being a member of the scheduled caste. The petitioner No. 2 used to make fun of the culinary skills of the opposite party No. 2 in front of his colleagues. He was also embarrassed to introduce her to his friends and colleagues.

3c. One day, the opposite party No. 2 brought a blanket for herself and used it at night. That night, the petitioner No. 2 assaulted her and admonished her for bringing unclean things to the house. She was also called a liar.

3d. In the year 2017, the petitioner No. 2 was transferred to Kolkata. The couple jointly purchased an apartment in Kolkata. The opposite party No. 2 purchased all the furniture and fixtures at the said apartment and the petitioner No. 2 did not bear the expenses for the same. One week after the couple moved to their new apartment, the petitioner No. 2 assaulted the opposite party No. 2 and, also, tried to strangulate her.

3e. The opposite party No. 2 has been rearing up her daughter all by herself and she has received no support or aide from her in-laws. Tanuja Konar used to force the opposite party No. 2 to feed the child even when she was not hungry. She also never allowed any domestic help into the house. The petitioner N