The judgment establishes that the misuse of Section 498-A and suppression of material facts can lead to the quashing of criminal proceedings.

1. Heard Mr. Pramod Kumar, learned counsel for the petitioner, Ms. Nehala Sharmin, learned counsel for the State and Mr. P.K. Mukhopadhyay, learned counsel for opposite party no. 2.

2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 04.02.2008 against the petitioner under Section 498-A of the Indian Penal Code in connection with Complaint Case No. 584/2006, pending in the Court of the learned Judicial Magistrate, 1st Class, Bokaro.

3. The complaint case was filed alleging therein that the marriage between the complainant-opposite party no. 2 and the petitioner was solemnized on 24.11.1997 according to Hindu rites and rituals. After the marriage, the complainant went to her nuptial house and started leading the conjugal life with her husband being the petitioner and out of the said marriage, a female child was born on 06.11.1999. It was further alleged that after the birth of the said female child, the husband, brother-in-law and mother-in-law of the complainant started inflicting torture upon the complainant allegedly saying that the complainant was supposed to give birth to son and instead, she gave birth to the daughter. It was also alleged that the accused persons started demanding Rs. 1 Lakh for the marriage of the said daughter of the complainant which was allegedly refused by the complainant and upon being refused the accused persons used to beat her by confining her in the bathroom and the complainant was allegedly not even provided with food for two days. Thereafter, the father of the complainant came to meet the complainant sometimes in January, 2000 and somehow managed to take the complainant with him. It was further alleged that thereafter the accused persons being the husband and brother-in-law of the complainant went to her paternal house and further demanded money and allegedly this time, the demand increased to Rs. 1.5 Lakh being the said amount of money and also a sum of Rs. 50,000/- for starting a business by the petitioner. It was alleged that the petitioner lodged a false case sometimes in the year 2004 for restitution of conjugal life. It was also alleged regarding this issue, several meetings (Panchayatis) were held but the accused persons allegedly refused to honour the words of the Panches. It was further alleged that thereafter on 03.11.2006, the accused persons came to the residence of the complainant and allegedly started saying that if the complainant and her parents refused to pay the said Rs. 1.5 Lakh, he will marry somebody else. When the petitioner was requested by the parents of the complainant, the accused persons started pulling the complainant by catching her hair and also pulled the golden chain of the complainant and fled away by threatening to kill the complainant.

4. Vide order dated 31.03.2022, this matter was referred to the Member Secretary, JHALSA to explore the possibilities of resolving the dispute amicably between the husband and wife, however, opposite party no. 2 has not appeared before the Member Secretary, JHALSA. On 04.05.2023, Mr. Swapan Maji, learned counsel for opposite party no. 2 pointed out that due to some exigency, opposite party no. 2 has not appeared before the Member Secretary, JHALSA and he submitted that this matter may kindly be again sent back to JHALSA for mediation as he has got instruction that opposite party no. 2 will appear in mediation. Thereafter, this matter was again sent on that day for mediation before Member Secretary, JHALSA with direction to the petitioner to pay a sum of Rs. 10,000/- to opposite party no. 2 as one time travelling expenses before the Member Secretary, JHALSA. On 10.07.2023, it has been recorded in the order that in the mediation report, it has come that opposite party no. 2 has not again appeared before the Member Secretary, JHALSA although direction was there and travelling expenses was taken care by the earlier order and by the said order, again the matter was