Vague and generalized allegations in matrimonial disputes cannot sustain criminal prosecution under Section 498A IPC, emphasizing the need for specific details to prevent misuse of legal provisions.

JUDGMENT :

SHAMPA DUTT (PAUL), J. :

1. The present revisional application has been preferred praying for quashing of the proceeding in G.R. Case No. 1128 of 2021 arising out of Bolpur Police Station Case No. 338 of 2021 dated 13.09.2021 alleging commission of offence punishable under Sections 498A/506/509/34 of the Indian Penal Code, 1860 pending before the Learned Additional Chief Judicial Magistrate, Bolpur, Birbhum.

2. Affidavit-of-service showing due service upon the de facto complainant has been filed but the de facto complainant is not represented.

3. Learned counsel for the State is present with the case diary.

4. The petitioner no. 1 is the father-in-law and the petitioner no. 2 is the mother-in-law of the deceased daughter of the de facto complainant.

5. It appears from the written complaint dated 13.09.2021 filed by the de facto complainant with Bolpur Police Station that the de facto complainant’s daughter was married to the son of the petitioners on 10.03.2016. One son was born out of the said wedlock. Since the October, 2019, the daughter of the de facto complainant was residing with her after leaving her matrimonial home, allegedly due to cruelty inflicted by the accused persons.

6. Section 498A IPC, 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 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.

Ingredients of offence- The essential ingredients of the offence under sec 498A are as follows:

1) A woman was married;

2) She was subjected to cruelty;

3) Such cruelty consisted in-

i) Any lawful conduct as was likely to drive such woman to commit suicide or to cause grave injury or danger to her life, limb or health whether mental or physical;

ii) harm to such woman with a view to coercing her to meet unlawful demand for property or valuable security or on account of failure of such woman or any of her relations to meet the lawful demand;

iii) the woman was subjected to such cruelty by her husband or any relation of her husband.”

7. In Dara Lakshmi Narayana & Ors. vs State of Telangana & Anr., in Criminal Appeal No. ………… of 2024 (arising out of SLP (Criminal) No. 16239 of 2024, decided on December 10, 2024, the Supreme Court held:-

“15. An offence is punishable under Section 498A of the IPC when a husband or his relative subjects a woman to cruelty, which may result in imprisonment for a term extending up to three years and a fine. The Explanation under Section 498A of the IPC defines “cruelty” for the purpose

of Section 498A of the IPC to mean any of the acts mentioned in clauses (a) or (b). The first limb of clause (a) of the Explanation of Section 498A of the IPC, states that “cruelty” means any wilful conduct that is of such a nature as is likely to drive the woman to commit suicide. The second limb of clause (a) of the Explanation of Section 498A of the IPC, states that cruelty means any wilful conduct that is of such a nature as to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Further, clause (b) of the Explanation of Section 498A of the IPC states that cruelty would also include harassment of the woman where such harassment is to coerce 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