Specific allegations of physical assaults, abuse, deprivation of utilities and eviction from matrimonial home establish prima facie cruelty under 498A IPC; accused's defence of falsity or cohabitation not considered for quashing proceedings at pre-trial stage.

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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceedings in connection with Complaint Case No. 6035 of 2023 including the order dated 18.05.2024 passed by the learned Judicial Magistrate-XXVII, Ranchi whereby and where under the learned Judicial Magistrate-XXVII, Ranchi has found prima facie case against the petitioner for having committed the offence punishable under Section 498A of the Indian Penal Code.

3. The allegation against the petitioner is that the petitioner being the husband of the complainant subjected the complainant to cruelty by his willful conduct of such a nature as is likely to cause danger to the life, limb and health both mental and physical by repeatedly assaulting her, abusing her and ultimately driving her out from her matrimonial house along with their younger son and younger daughter; who is unmarried. Even though a Panchayat was held in which the petitioner undertook not to repeat his conduct of assaulting the complainant and took the complainant back to her house but after taking the complainant to her house, the petitioner again assaulted the complainant. Besides above, the petitioner disconnected the electricity and water connection to the portion of the house where the complainant was residing and used to lock the toilet after using the same; thereby depriving the complainant and their two children from using the same but even that was not enough to satisfy the evil intention of the petitioner and ultimately, again the petitioner drove out the complainant and their two children from matrimonial house of the complainant.

4. Basing upon the Complaint, the statement of the complainant on the solemn affirmation and the statement of the inquiry witnesses, the learned Judicial Magistrate-XXVII, Ranchi has found prima facie case for the offence punishable under Section 498A of the Indian Penal Code and issued the summoning order.

5. Learned counsel for the petitioner submits that the petitioner is not appearing in the trial court and the case is next fixed to 26.03.2026. It is next submitted by the learned counsel for the petitioner relying upon the judgment of this Court in the case of Pushpendra Kumar Singh @ Puspendra Kumar Singh @ Pushpendra Singh Vs. The State of Jharkhand & Another, 2024:JHHC:32303 that this Court in the facts of that case, when there was no allegation against the petitioner of that case of perpetrating cruelty willfully which was likely to drive the informant to commit suicide nor there was any allegation that such conduct was to cause grave injury or danger to life, limb or health of the informant and there was no allegation against the petitioner of that case of having caused any harm to the informant in connection with any unlawful demand; this Court quashed and set aside the entire criminal proceedings of that case. It is next submitted that though in this case, there is allegation against the petitioner of assaulting the complainant repeatedly and driving out her from her matrimonial house along with their two children, still the ratio of that judgment is applicable to the facts of this case. It is next submitted that the allegation against the petitioner is false. It is then submitted that this case has been instituted maliciously. It is then submitted that the petitioner admits to be the husband of the complainant but due to some misunderstanding, the complainant has filed this case. It is then submitte