Specific and unambiguous allegations are essential to constitute an offence under the relevant penal provisions.

JUDGMENT :

SURESHWAR THAKUR, J.

1. In the instant petition instituted under the provisions of Section 482 Cr.P.C, a prayer is made by the petitioners to quash and set aside FIR No. 75 of 2014, registered in Police Station, Kangra, H.P., for theirs having allegedly committed offences under Sections 498-A/406/34 IPC. Before proceeding to record findings and arrive at conclusions in the instant petition, it is deemed apt and imperative to extract the provisions of 498-A IPC:-

(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;

(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.”

2. The import of the term “cruelty” existing in the Section 498-A IPC, whose provisions, are extracted hereinabove, and which “cruelty” is alleged to have been perpetrated upon the complainant by the petitioners herein is of its being constituted by any willful conduct of such a nature as is likely to drive a woman to commit suicide or its likely to cause grave injury and danger to her life, limb or health, besides harassment of a woman where such harassment is with a view to coerce her to comply with 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.

3. Besides, the guiding principles encapsulated in a judgment of the Hon'ble apex Court for while construing the factum of the allegations set forth in the FIR lodged against the petitioner while being bereft of the ingredients constituting the offence alleged, in which event this Court being actuated to exercise the plenary jurisdiction vested in it under Section 482 Cr.P.C, is also required to be extracted. The decision of the Hon'ble Apex Court is reported in 1986 Cr.L.J 817, the relevant portion enshrining the guiding principles to be borne in mind by this Court while exercising jurisdiction in a petition under Section 482 Cr.P.C is extracted hereinbelow:-

“7. Insofar as Section 498-A, IPC is concerned, the relative of the husband of a woman, if he subjects the woman to harassment with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or the. harassment is on account of failure by her or any person related to her to meet such demand, could it be said that the woman had been subjected to cruelty and thereby an offence under Section 498-A, IPC have been committed. The harassment alleged in the present charge-sheet is not on account of any unlawful demand of properly or valuable security nor is it on account of failure by the second respondent or any person related to her to such a demand. There is no allegation in the charge-sheet that the petitioner herein demanded property or valuable security from the second respondent. On the other hand, it is the second respondent, who is seeking return of her "Stridhan" and her share in her husband's property from the petitioner herein. The ingredients of Section 498-A, IPC is clearly not attracted and the proceedings to the extent the petitioner is charged of an offence under Section 498-A, IPC is quashed.

8. Insofar as the petitioner is alleged to have been committed an offence under Section 406, IPC the Supreme Court in Pratibha Rani (1985 Cri LJ 817, Paras 20, 27 & 57) (supra), held thus: ...We are clearly of the opinion that the mere factum of the husband and wife living together does not entitle either of them to commit a breach of criminal law and if one does then he/she will be liable for all the Consequences of such breach, Criminal law and matrimonial home are not strangers. Crimes committed in matrimonial home are as much punishable as anywhere else, in the