The court ruled that allegations of mental and physical cruelty under Section 498A IPC were sufficient to proceed with the case, emphasizing the need for evidence at trial.

ORDER :

Mr. Sudesh Bansal, J. - Petitioner-husband has filed instant criminal miscellaneous petition under Section 482 Cr.P.C. seeking to quash entire criminal proceedings in connection with FIR No. 375/2021, registered at Police Station Mahila Thana, Kota wherein Police after investigation submitted charge-sheet against petitioner for offence under Section 498A IPC and trial Court took cognizance for such offence vide order dated 24.02.2022 and criminal case No. 972/2021 State v. Tushar Varshney at the stage of arguments for framing charge, is pending before Judicial Magistrate No. 3 (North) Kota.

2. Heard counsel for petitioner-Husband, counsel for complainant-respondent No. 5-Wife, learned Public Prosecutor and perused the record.

3. Necessary and relevant facts of case, as culled out from the record, to consider the issue in the present petition are as under:-

3.1 Petitioner is stated to be working as Manager in a private company at Bangalore and resident of Ghaziabad, Uttar Pradesh and non-petitioner No.5- complainant is posted as Junior Engineer at Super Thermal Power Station, Saketpur Kulhadi, Kota and resident of Kota. Marriage between both parties have entered into on 14.12.2018 at Ghaziabad, Uttar Pradesh through "Jevansathi.com".

3.2 According to non-petitioner No. 5-complainant, after marriage, she stayed with petitioner at Bangalore from 23.01.2019 to 28.02.2019, it means only for a period of about 36 days. Thereafter, according to her version, she was sent by husband to reside at his father's home at Ghaziabad, Uttar Pradesh.

3.3 According to respondent No. 5-complainant, she was turned out from matrimonial home of Ghaziabad, Uttar Pradesh on 06.09.2020 by her husband after beating her badly with kicks and fist.

3.4 Non-petitioner No.5-complainant after more than a year, lodged a criminal complaint on 17.11.2021 before the Court of Judicial Magistrate No. 3, North Kota implicated petitioner and his father as accused persons in the complaint for offence under Section 498A, 406 and 120B IPC. In the complaint, she made allegations to demand Rs. 15 lacs cash, before the marriage and demand money of Rs. 5 lacs of her savings during service, by her husband, so also applied kicks and fist on her and she was turned out of flat for about more than 10-11 times, however, allowed to enter into flat, after assuring to bring 5 lacs. Complainant also made allegations that her husband had illicit relationship with another lady, working in his office and during her stay at Gaziabad, Uttar Pradesh, her father-in-law also had bad eyes on her. She also stated that on 06.09.2020, her husband beat her immensely and her Nand-Nandoi made a demand of dowry, then she was turned out of matrimonial home from Gaziabad. Thereafter, her husband came at Kota and demand money.

3.5 The criminal complaint was sent by the Judicial Magistrate under Section 156(3) Cr.P.C. for investigation by Police, therefore, the complaint was registered as FIR No. 375/2021 at Police Station Mahila Thana, Kota City.

3.6 During the course of investigation, statements of complainant Ms. Priyanka Varshney, her mother Smt. Kumkum were recorded. From their statements and by other attending circumstances, Investigating Agency opined that the complainant-wife does not want to leave her service, similarly petitioner-husband also does not want to leave his job; husband-wife lived together at Bangalore only for a period of about one month and the main underlying dispute between both parties is in respect of leaving job by complainant-wife for which she was not agreeable. Allegations levelled by wife against husband to have extra-marital affairs, were not found prove by any evidence. Allegations in respect of offence under Section 406 IPC were also not found proved; allegations against father-in-law of complainant to have bad eyes on her and harassing her for dowry, were also not found proved, however, Investigation Agency opined that complainant-wife has been subjected to mental and