The court reaffirmed that allegations of continuous cruelty may meet the requirements of Section 498A IPC, dismissing attempts to quash based on the nature of alleged injuries.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

1. Heard learned counsel Mr. N Barman for the petitioner ‘Y’ who has filed this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S. for short) read with Section 438 , 442 of the Bharatiya Nyaya Sanhita, 2023 (B.N.S. for short) with prayer for quashing the P.R.C. Case No. 2076/2024 arising out of Dispur P.S Case No. 500/2024, registered under Section 498A/325/307/506/294 of the INDIAN PENAL CODE , 1860 (I.P.C. for short) dated 24.05.2024, corresponding to G.R Case No. 3015/2024 and charge-sheet No. 445/2024 dated 04.07.2024.

2. Heard Mr. D.K Nath, learned counsel for respondent No. 2 and Mr. B Sarma, learned Additional Public Prosecutor, Assam.

3. An F.I.R was lodged by the respondent No. 2, ‘X’ on 24.05.2024 that her marriage was solemnized with the petitioner and after 2 (two) months of her marriage, the petitioner and his family members, subjected the respondent No. 2, victim to cruelty to meet their illegal demand of dowry. She was subjected to both mental as well as physical harassment, but, she had to endure the cruelty to save her marital life. At times, the petitioner, after consuming alcohol, used to demand dowry and assault her to meet his demand of dowry. At present, she is suffering from partial deafness of her left ear and from problems relating to breathing. The petitioner even tried to strangulate her.

4. However, on 21.05.2024 at about 9:00PM, the petitioner, using abusive language, pushed her away and she fell down by the impact. He also pulled her hair and pushed her out of the room with threats of divorce. She also learnt about the philandering nature of her husband.

5. It is submitted on behalf of the petitioner that initially the F.I.R was registered under Section 498A/325/307/506/294 of the I.P.C, but, charge-sheet was laid under Section 498A of I.P.C. It is further submitted that to make out a case under Section 498A of I.P.C, the injury has to be of grave nature, whereas, in the instant case, charge-sheet has been submitted under Section 498A of I.P.C after observing that the injuries were simple in nature on the basis of the medico legal report. It is thus submitted that this case under Section 498A I.P.C is not maintainable and is liable to be set-aside and quashed.

6. The learned counsel for the petitioner has relied on the decision of the Hon’ble Supreme Court in Digambar and Another v. the State of Maharashtra and Another reported in (2024) 0 Supreme(SC) 1228, wherein it has been held and observed that :

"17. Firstly, the allegations under Section 498-A of the IPC must be examined.

The said provision reads as under :

“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 willful 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.

(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.”

18. The ingredients for an offence to be made out under Section 498-A of IPC require that there has to be cruelty inflicted against the victim which either drives he