JUDGMENT :

Bibhas Ranjan De, J.

1. I am dealing with an application under Section 482 of the Code of Criminal Procedure 1973 with a prayer for quashing the Andal Police Station Case No. 122 of 2016 dated 18.05.2016 under Section 498A, 406,34 of the Indian Penal Code (herein after refer to as IPC) pending before the learned Additional Chief Judicial Magistrate, Durgapur, Burdwan.

2. Mr. Soumik Ganguli, Learned advocate, appearing on behalf of the petitioner has submitted that marriage between Partha Chatterjee petitioner no. 4 and opposite party no. 2 Anima Chatterjee @ Jhuma Chatterjee was solemnized on 21.11.2011 and one application under Section 156(3) of the Code of Criminal Procedure (hereinafter referred to as CrPC) was filed by said Anima Chatterjee @ Jhuma Chatterjee on 05.05.2016 before the Court Learned Additional Chief Judicial Magistrate at Durgapur District Burdwan alleging offence under Section 498A, 406, 34 of the IPC against the petitioners/in laws. Mr. Ganguli has further contended that petitioner no. 4 Partha Chatterjee filed a divorce suit on 16.03.2016 and marriage was dissolved ex-parte on 08.06.2016. Mr. Ganguli submitted that there is no specific allegation against any particular petitioner and the case was filed with a false allegation just to harass the petitioners.

3. Mr. Ganguli in support of his contention relied on a case of Kahkashan Kausar and other Vs. State of Bihar and others reported in (2022) 6 Supreme Court Cases 599.

4. Learned advocate Mr. N.P. Agarwal appearing on behalf of the State has submitted that there is specific allegation of criminal breach of trust under Section 406 of the IPC as the mother in law, petitioner no. 2, Swapan Chartterjee was entrusted with all Stridhan articles particularly gold ornaments but those were not returned.

5. At the outset, I would like to reproduce section 498A as under:-

“Section 498A. Husband or relative of husband of a woman subjecting her to cruelty.

1[Whoever, being the husband or the relative of the husband of a woman, subjects 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 to 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.] ”

6. To constitute an offence under Section 498A of the IPC a complain shall have to disclose that complainant was subject to cruelty either by her husband or relatives of her husband by doing any willful conduct culminating to commission of suicide or to cause grave injury or danger to life etc; or for causing harassment of the complainant or to coerce her or any of her relative to meet any unlawful demand.

7. This case was initiated by an application under Section 156(3) of the CrPC alleging inter alia that all the petitioners conjointly used to pick up quarrel with the opposite party no. 2/complainant an abused her in filthy language . In the month of June 2015 all accused person came to father’s house of complainant and demanded Rs. 1,00,000/- but her father failed to satisfy their unlawful demand. From then on she was subjected to in human torture. In the month of September 2015 all the petitioners asked the complainant to inform her father to meet the demand of Rs. 1,00,000/-. Thereafter, father and brother of the complainant came to her in laws house and refused to meet any unlawful demand then all the petitioners threatened to file divorce case against the complainant with false and concocted grounds. On 10.01.2016 over such unlawful demand all the petitioners assaulted the o