Proceedings quashed under Section 482 Cr.P.C. as allegations failed to establish essential ingredients of Sections 323, 406, 498A IPC—no entrustment, hurt, or coercive harassment—disclosing abuse of process and vengeful institution.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the entire criminal proceeding including the order dated 23.11.2022 passed by the learned Judicial Magistrate 1st Class, Dhanbad in connection with Complaint Case No. 2627 of 2019 whereby and where under, the learned Judicial Magistrate 1st Class, Dhanbad has found prima facie case against the petitioners for having committed the offences punishable under Sections 323, 406 and 498A of the Indian Penal Code.

3. The fact of the case is that the petitioner no.1 is the father-in-law, petitioner no.2 is the mother-in-law, petitioner no.3 is the brother- in-law and petitioner no.4 is the wife of the petitioner no.3. The allegations against the petitioners are that after the death of the husband of the complainant on 07.08.2011 in a road accident, the petitioners perpetrated mental and physical cruelty upon the complainant by telling that because of the birth of her daughter, her husband died and further told that if she lives in their house, all the inmates of the house will die. There was a panchayati on 03.06.2013 and the petitioners agreed to give Rs.500/- per month and to provide food, clothes and education to the daughter of the complainant but they did not provide any help. On 23.08.2019 the petitioners came to the house of the brother of the complainant,. where the complainant was residing and demanded Rs.2,00,000/- as a condition to allow the complainant to reside in her matrimonial house. Since the marriage of the complainant was an inter caste marriage therefore, she was treated with cruelty.

4. It is submitted by the learned counsel for the petitioners that the allegations against the petitioners are general and omnibus in nature and there is no specific act attributed to each of the petitioners in recent past before filing of the complaint in the year 2019. It is then submitted by the learned counsel for the petitioners that admittedly, the daughter of the complainant was born in the year 2011 and in 2013 the petitioners have been agreed to provide for Rs.500/- and food and clothes including expenses for education of the daughter of the complainant. It is also submitted by the learned counsel for the petitioners that after 2013 the only allegation against the petitioners is that on 23.08.2019 the petitioners abused and demanded Rs.2,00,000/- but even assuming the same to be true, the same do not constitute the offences, the cognizance of which have been taken in the case. It is further submitted by the learned counsel for the petitioners that admittedly, the complainant live peacefully for over two years during the lifetime of her husband i.e. from 18.07.2009 which is the date of her marriage till the death of her husband. It is next submitted by the learned counsel for the petitioners that there is no allegation of any hurt being caused to the complainant and in the absence of that, the offence punishable under Section 323 of the Indian Penal Code is not made out. It is then submitted by the learned counsel for the petitioners that the complainant prior to filing of the present complaint, already filed Pre Litigation Case No.151 of 2018 before the Permanent Lok Adalat, Ramgarh and after receiving notice, the petitioners appear