General and omnibus allegations, without any specific act of cruelty attributed, do not constitute a cognizable offense under Section 498A of the Indian Penal Code, and proceedings based on such allegations are liable to be quashed.

JUDGMENT

Shampa Dutt (Paul), J. - The present revisional application has been preferred praying for quashing of the impugned proceeding being G.R. Case NO. 4312/2018 dated 11.10.2018 and Charge Sheet No. 10/2019 dated 15.01.2019 under Section 498A of the Indian Penal Code presently pending before Learned Chief Judicial Magistrate at Barasat, 24 Parganas North and all orders passed therein.

2. Petitioners no. 1 and 2 are the father-in-law and mother-in-law, aged about 74 years and 69 years and the petitioner no. 3 is the husband of the complainant-wife.

3. The petitioner's case in short is that the marriage between the complaint/opposite party and the Petitioner No. 3 took place on 2nd July, 2006. From the very first day of her stay the defacto complainant used to keep all gifts received by the petitioners and other articles and ornaments of value belonging to the petitioner in an almirahs under lock and key. The Keys were always kept in her possession.

4. The petitioners allowed her to have unrestricted access to all their documents of Bank Accounts, ATM cards with pin number, Deed of house and ornaments kept in Almirahs allowing her free access.

5. The Complainant continually since her marriage treated the petitioners with utmost cruelty.

6. The petitioner no. 3 and the wife/complainant were blessed with a son who is now 11 years old and the wife later gave birth to another son, (out of wedlock), aged 6 years old now. Inspite of being blessed with a child, the complainant continued her misbehavior with the petitioners and raised petty issues on a daily basis causing mental strain and unrest within the family. However for the sake of their son's life, petitioners overlooked such acts and conduct and treated the complainant as their own daughter with utmost care and affection with a ray of hope that she shall understand their love and trust for her and start to respect them.

7. In the year 2016, she expressed her desire to open a Montessori School with an intention to achieve a successful professional career and the petitioners willingly encouraged and supported her mentally as well as financially whereby a substantial sum of money was invested in opening of such Montessori School by the petitioners for their daughter in law by obtaining a franchise of Kangaroo kids and also purchased a property at uniworld City Cascades, Tower 3, Flat No. 002, Kolkata - 700156, Rajarhat for running of such school by availing financial assistance from a Bank wherein she was inducted as one of the co-owner of such property.

8. The Petitioners stood by her at all time so as to support her zeal of opening of such school.

9. That due to the neglectful behavior of the complainant, the petitioners used to take care of the grandsons for their daily requirements such as to look after their studies, feeding them, nurturing them and fulfilled all requirements which children generally seek from their mother.

10. Though petitioners tried really hard to make her understand and made amiable efforts to reconcile any differences, all such efforts went in vain as on 29th September, 2018 at about 10.30 am, she left petitioner's house along with the children without intimating petitioners and went to her paternal house.

11. On October1, 2018 at around 6 pm, she accompanied by her elder brother Shri Manoj Saraf case to petitioner's house and started shouting at the top of their voices and threatened the petitioners that they have connection with some influential people and If they do not transfer all properties in her name, petitioners would have to face severe consequences.

12. The petitioners on the 13th day of October 2018 went to Newtown police station to lodge a written complaint against the complainant (Ishita Mohanka) and came to learn that already the said Ishita Mohanka had implicated the petitioners in the instant false and frivolous criminal case being Newtown Police Station Case no. 437/2018 dated 11.10.2018 under Section 498A of the Indian Penal Code presently pe