IMPORTANT POINT
The court emphasized the necessity of specific allegations in Section 498A IPC cases to prevent misuse and quashed proceedings lacking prima facie evidence.

JUDGMENT :

Shampa Dutt (Paul), J.

1. Affidavit-of-service filed be kept with the record. In spite of due service there is no representation on behalf of the opposite party no. 2/de facto complainant.

2. The present revisional application has been preferred praying for quashing of the proceeding in G.R. No. 5097 of 2018 arising out of Jagaddal P.S. Case No. 342 of 2018 dated 27.03.2018 under Sections 341/325/498A/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas.

3. The allegations made by the opposite party no. 1/de facto complainant is to the effect that:-

“At present I reside in my matrimonial home. As I reside in my matrimonial home, I am subjected to various mental cruelty by my husband. A few days back when I had to visit my lawyer at Barrackpore regarding discussion of a case and I returned to my matrimonial home and went to sleep early in the night, as I was not feeling well, I did not close the door. All on a sudden on getting up from my sleep, when I tried to get up from the bed, I experienced severe pain at in my waist and found at that time that the door of my room was open. I somehow managed to get up and closed the door and entered the mosquito net and went to sleep. Whole night I experienced severe pain in my waist and, as such, I could not sleep rest of the night. Next morning as I could not move due to the pain and as the Orthopedic Doctor was not available on that day, I somehow tolerated my pain throughout the day and night. The next day went to the doctor. On total check up, the doctor asked if I had fallen down somewhere. I answered „no’. At that time the doctor stated that I had suffered injury in my waist. The Doctor asked me to come with my husband so that rest of the test could be carried out. In spite of showing my prescription to my husband he did not meet my doctor. The doctor then again stated that I had suffered injury in my waist. As I have not fallen down anywhere the question is how did I sustain the said injury. As such I suspect that on that night when the door had been left open and I was sleeping at that time someone injured my waist as a divorce case is sub judice. My husband and in-laws are trying to somehow oust me from my matrimonial home by inflicting mental cruelty for which I have already filed a G.D.”

4. The learned counsel for the State has placed the case diary, wherein it appears that some medical reports have been collected in respect of the opposite party no. 2/de facto complainant which are at page 3 to 11 of the case dairy. On perusal of the same it is found that the said prescriptions are connected to the pain on the waist of which the de facto complainant has stated in her written complaint.

5. The MRI report at page 8 and 9 of the case dairy shows that the doctor has opined canal stenosis at LS-S1 level and degenerative disc & spine disease. As such, this prima facie appears to be the reason for the pain on the waist. Thus the pain that the de facto complainant has stated about in her written complaint is because of the said disease and not because of any such injury, nor is there any material on record to support the suspicion of the de facto complainant.

6. The learned counsel for the petitioner has relied upon the judgments in the case of Bhaskar Lal Sharma & Anr. Vs. Monica reported in (2009) 10 SCC 604 and Kalyan Panda & Ors. vs. State of West Bengal & Anr., reported in 2023 SCC Online Cal 2639.

7. 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 purpose 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 g