Specific allegations are required to sustain charges under IPC sections related to cruelty; vague and general allegations do not suffice.

JUDGMENT :

Rakesh Kainthla, J.

1. The petitioner has filed the present petition for quashing of FIR No. 30 of 2023, dated 22.09.2023, for the commission of offences punishable under Sections 498A, 504 and 506 read with Section 34 of the Indian Penal Code (IPC) registered at Police Station Bilaspur, District Bilaspur, H.P.

2. Briefly stated, the facts giving rise to the present petition are that respondent No.2/informant made a complaint to the police asserting that she was married to Amit Behal on 23.01.2022 as per Hindu Rites and Customs. Her parents and relatives gave her gifts and ornaments at the time of her marriage. Her husband, father-in-law, and sister-in-law started compelling her to conceive a child three days after the marriage. She told them that her husband was serving in Bangalore, she had also passed M.Sc. Biotech, and she would think of conceiving a child after getting employment. Her father-in-law and sister-in-law instigated her husband, who started beating and abusing her. Her father-in-law sent her to Bangalore in April, where she resided with her husband for one and a half months. Her husband used to taunt her on trivial matters. He used to send her videos to his father. His father used to instigate him, and he used to beat the informant. She was sent to Una. Her husband remained with her at Una for one and a half months. She became pregnant. She was not provided with food and balanced nutrition. She was also not taken to the hospital for her medical check-up. Her father-in-law used to hand over ₹ 100/- to her with a direction to visit the hospital. Her sister-in-law was a nurse in the hospital, but she never assisted the informant during her checkup. She used to incite the informant’s husband and father-in-law against her. She wanted to reside in Bangalore at the time of the delivery of the child, but she was not taken to Bangalore. She was sent to her parental home, where she delivered a baby girl. Her husband visited the hospital on the third day and left for Una the next morning. Her father-in-law and sister-in-law did not visit the hospital. Her husband, her father-in-law and sister-in-law used to tell her that she had not brought anything with her and her parents had sent her empty-handed. Surinder Kaur used to visit her matrimonial home. She also used to abuse and threaten her. Her father-in-law had an evil eye upon her. The police registered the FIR, conducted the investigation and filed a charge sheet against the petitioner Amit Behal, Hari Om and Vandana for the commission of offences punishable under Sections 498A, 504, and 506 read with Section 34 of IPC and Surinder Kaur for the commission of offences punishable under Section 504 and 506 read with Section 34 of IPC.

3. Being aggrieved by the filing of the charge sheet, the petitioners have filed the present petition for quashing the FIR and consequent proceedings. It has been asserted that petitioner No.1 was posted at Bangalore. Respondent No.2 also resided with him for one and a half years at Bangalore. She was casually paying visits to her matrimonial home as she was not interested in visiting her matrimonial home. Petitioner No. 2 (since deceased) was aged 63 years, and he was suffering from various ailments. Petitioner No. 3-Vandana was married in the year 2015. She is residing in her matrimonial home in village Batala and is working as a female health worker at Health Sub Centre Jalgura, Tehsil and District Una. She is the mother of two children aged 6 and 2 years. She visited her parental home occasionally. Petitioner No.4 Surinder Kaur is a former Municipal Councillor. She has nothing to do with the affairs of petitioner No.1. The allegations against the petitioners are ambiguous without pinpointing any act of cruelty. Petitioner No.4 was wrongly arrayed as a party even though she has no concern with the family of petitioner No.1. The allegations in the FIR and the contents of the charge sheet do not make out any case against the petitione