The main legal point established is the requirement of intentional insult and the intention to cause alarm for the offenses under Sections 504 and 506 of IPC.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revisional application has been preferred praying for quashing of proceedings in Complaint Case No. 207 of 2017 dated under Sections 504/506/34 of the Indian Penal Code, 1860 pending before the Learned 4th Judicial Magistrate at Barasat.

FACTS:-

2. The petitioner No. 1 is the daughter in law of the opposite party. The other petitioners are her parents and other family members.

3. The petitioner no. 1 states that she was compelled to live in her parental house “due to several cruel treatments by the persons of her matrimonial house”. A case being Rishra Police Station case no. 34 of 2016 under Sections 498A/406/307 of the Indian Penal Code, 1860 filed by the petitioner no. 1 is pending before Learned Additional Chief Judicial Magistrate at Shreerampore.

4. The allegations against the petitioners in short are that the petitioner no. 1 use to call the son of complainant and threaten him with dire consequences and also use filthy language.

5. The petitioners state that the complainant and his son instituted two different cases on similar cause of action, one is Special No. 222 of 2018 corresponding to Complaint Case No. 460 of 2017 dated under Sections 500/501/502/504/506/34 of the Indian Penal Code, 1860 pending before the Special Judge (MP & MLA Court) at Barasat and another before the Learned Chief Judicial Magistrate at Barasat under Sections 504/506/34 of the Indian Penal Code, 1860 being Complaint case no. 207 of 2017 dated 09.02.2017. It is submitted that both these cases are the counter blast of Rishra Police Station Case No. 34 of 2016 under Sections 498A/406/307 of the Indian Penal Code, 1860.

6. It is stated that the petitioners have been falsely implicated in the present case and there is no involvement of the petitioners in the commission of offences as alleged in the instant case.

7. From the petition of Complaint, it appears that:-

i) The Complainant’s son was married to the petitioner no.1 and since their marriage, the petitioners are creating trouble in the Complainant’s family. The petitioner no. 1 regularly used to quarrel with the son of the complainant.

ii) The petitioner no.1 allegedly kept going to her parent’s house, refusing to return, but the complainant’s son kept bringing her back on assurances.

iii) The petitioner no. 1 allegedly used to abuse the son of the Complainant in filthy language and thereafter filed a complaint under Section 498A of the Indian Penal Code.

iv) The petitioner no. 1 allegedly left her matrimonial home on 04.04.2015 by taking all her articles and valuables.

v) On 07.06.2015 the petitioner no. 1 & 3 allegedly attacked the Complainant’s house and abused them in filthy language in public (before the local people) and also threatened to throw the complainant out of his house by using the laws in favour of the women.

vi) The petitioner no. 1 has filed a case under the PWDV Act, against the Complainant and his son.

vii) The petitioner no. 1 and 3 then started staying in the Complainant’s house and continued to abuse every person in the house and also continued to threaten.

viii) On 21.09.2015, the petitioner no. 1 wrote to the Complainant’s previous office claiming the Complainants pension as maintenance for which the Complainant has suffered a loss of face and self respect.

ix) The petitioner No.1 filed a case under Sections 498A/406/307 of the Indian Penal Code, one year after leaving her matrimonial home and also continued to threaten the Complainant’s son over phone and spreading lies about him.

x) Then allegedly on several days over phone (Social media/SMS/e-mail) the petitioner no.1 threatened and abused the Complainant’s son in filthy language and making false vulgar allegations.

xi) The petitioner no.1 is a divorcee and suppressing the same has married the Complainant’s son.

8. The proceedings in the present case has been initiated for offence punishable under Sections 504/506/34 of the Indian Penal Code.

9. Section 504 of I.P.C., lays down:-

“504. In