JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred praying for quashing of proceedings in G.R. Case No. 3879 of 2015 pending before the Learned 4th Judicial Magistrate at Barrackpore under Sections 498A, 326 and 34 of the Indian Penal Code.

2. The parties were married on 24th January, 1999. A child was born on 8th June, 2004.

3. The petitioner states that the opposite party is a Doctor (M.B.B.S.) who left her husband’s house leaving her husband and minor son at her own will on 11.07.2015 with her all belongings (after 16 years of marriage) and made a written false complaint being Belghoria Police Station Case No. 448 of 2015 under Sections 498A, 323, 506, 406 and 34 under Indian Penal Code dated 12.07.2015 against her husband, mother-in-law, maternal uncle and Ramita Chakraborty (sister-in-law).

4. The allegation in the written complaint is to the effect that:

“That for your kind information after the birth of my elder son my husband disliking and neglecting towards me and even forwards my son also used to abuse filthy languages and demanded money even he started critisinging by “Bhikarir bachha, Tor ma Amake Thikmata Joutuk dei na.” Moreover I was frequently physically and mentally tortured by husband and other in laws and used to indulge and provoke him. That I was not ever given properly food and medical treatment and the same was caused food my only son.

That I used to tolerate all of physical and mental torture due to the future of my son and at finally prestige till today.

That for your kind information that since after my marriage I never spent a single day happily with my husband and he only money and wants the same more and more.

That on today 11/07/2015 at about 8.75 AM my husband at the instance of my mother-in-law Smt. Puspa Acharya started beating and blows on my right fareness right side of my back and according I sustained on my body. And thereafter I was by my husband with rough language on “Tui amar ghar theke ak kapore beriye ja magi, thana police court kachari te amar lok aache, dekhi tui amr ki koris” and accordingly I rushed to the Belghoria Police Station for lodging F.I.R. against my husband mother-in-law, maternal uncle and Nanad (Ramita Chakraborty who also use to commitment at torture on me and used to provoke my husband to leave me by way of that under son I was fared by my husband and mother-in-law having my only son Riddhiman Acharya alongwith my Stridhan property including any identity, PAN CARD, Passport etc. etc. and other valuable documents I, want to get back from to custody of my husband.

Now I pray please to take steps against my husband and other in makes of my matrimonial u/s 498A/323/506/406 and 34 IPC and I further pray that my only son in any physically mentally insecured without me my matrimonial home at any material point of time and accordingly you take proper steps as per law.”

5. The copy of the medical paper annexed shows some abrasions (one the back of right hand). No other external injury was found by the doctor.

6. The opposite party has refused service in this case.

7. From the case diary and other materials on record it appears that there is a dispute between the parties regarding their family members.

8. The dispute is more of some differences in their matrimonial life leading to separation after almost 16 years of marriage and also having a child, in spite of both the parties being educated and well placed.

9. Section 498A of the Indian Penal Code, lays down:

“498A. Husband or relative of husband of a woman subjecting her to cruelty - 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 (wh