The judgment established the importance of specific allegations and cautioned against implicating relatives of the husband without prima facie evidence in cases under Section 498A of the Indian Penal Code.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of proceeding being G.R. No. 207 of 2020 arising out of Purulia (M/Mofussil) Police Station FIR No. 59 of 2020 dated 17.02.2020 under Sections 498A/325/34/506 of the Indian Penal Code pending before the Learned Chief Judicial Magistrate, Sadar Court, Purulia and Charge Sheet being no. 101/2020 dated 31.05.2020 under Sections 498A/323/34/506 of the Indian Penal Code, 1860 submitted against the Petitioner herein in G.R. No. 207 of 2020 along with Order dated 03.06.2020 passed by the Learned Chief Judicial Magistrate, Purulia Sadar Court in the instant case wherein the Learned Magistrate was pleased to take cognizance of the offences under Sections 498A/323/34/506 of the Indian Penal Code, 1860 against the Petitioner herein.

2. The opposite party no. 2 is the wife of the petitioner, herein after called ‘the husband’ for the sake of brevity.

3. The opposite party no. 2 is working as an Associate Rams Engineer for last 8 years and is a qualified Electronics and Telecommunication Engineer whereas her husband/the petitioner is a Computer Engineer by profession. Their marriage was solemnized in Purulia as per Hindu rites on 06.03.2018.

4. It is stated that after their marriage, the husband (the petitioner) of the opposite party no. 2 has been subjected to physical cruelty, serious injury to limbs and organs including threat, verbal abuse, emotional exploitation and criminal intimidation several times by the opposite party no. 2/wife. All such incidents of physical torture and blackmailing were duly reported before the concerned Narayanpur Police Station.

5. Gradually it appeared that the opposite party no.2 is a psychiatric patient and after great effort of the petitioner/husband, the opposite party no. 2 agreed to take treatment when she was medically detected by the psychiatrist with Cluster B personality disorder with symptoms/problems of anger outburst, mood swings, adverse to sex, abusive when angry, dyspareunia, i.e. pain with intercourse.

6. The opposite party no. 2 also physically assaulted the petitioner’s parents on 03.06.2019, and a complaint was duly registered on the same day in the local police station Narayanpur being GD no. 95.

7. The opposite party no. 2 in conspiracy with her parents has criminally intimidated the petitioner/husband and his parents that until the ownership of the residential property/flat at Rajarhat is transferred to her (opposite party no. 2) the petitioner/husband will continue to suffer cruelty and was also threatened to face false charge of rape and filing of a case under domestic violence. Such incident of threat was duly reported before the Narayanpur Police Station by the petitioner on 02.05.2019.

8. On 15.02.2020 the opposite party no.2 left the matrimonial home on the pretext of visiting her ailing grandmother staying at her paternal home at Purulia. After reaching her paternal home, the opposite party no. 2 had whatsapp conversation with the petitioner’s mother and her husband/the petitioner, wherein she informed that she has reached home safely. After that on 17.02.2020 at 7.47 p.m. the opposite party no.2 informed her husband/the petitioner, over WhatsApp, that she is suffering from fever and will return after a week.

9. Thereafter it came to the knowledge of the accused persons that on 17.02.2020 at 14.45 hours, the opposite party no. 2 had filed a FIR being no. 59 of 2020 under Sections 498A/325/34/506 of I.P.C. against her husband/the petitioner and her in laws/relatives of her husband with Purulia (M/Moufssil) Police Station.

10. The petitioner states and submits that the FIR is completely false and ill motivated as from the bare reading of the facts narrated in the written complaint dated 17.02.2020 it is evident that it does not speak of any offence triable under the provision of Section 498A there being no ingredients to constitute the said offence.

11. That the written complaint dated 17.02.2020