Proceedings quashed under CrPC Section 482 as allegations failed to disclose essential ingredients of IPC Sections 323, 341, 504 - no bodily pain, no wrongful restraint, no provocative insult - even if taken true, constituting abuse of process.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. Though notice has validly been served upon the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls.

3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceedings including the order dated 16.12.2023 passed by the learned Sub-Divisional Judicial Magistrate, Lohardaga in connection with Complaint Case No.490 of 2023 whereby and where under the learned Sub-Divisional Judicial Magistrate, Lohardaga has ordered for issuance of summons against the petitioners for having committed the offences punishable under Sections 323, 341 and 504 of the Indian Penal Code after finding prima facie case for the same.

4. The brief fact of the case is that the petitioner No.5 is the daughter-in-law of the complainant and the other petitioners are the relatives of the petitioner No.5. The allegation against the petitioners is that the petitioners called the members of the family of the complainant to be ‘Daain-Bisahi.’ The petitioner No.5 could not bear a child even after eight years of her marriage and did ‘Maarpeet’ to the son of the complainant, when the son of the complainant had gone to the house of the petitioners, to bring back the petitioner No.5- who is the wife of the son of the complainant. It is further alleged that there the petitioners also abused and threatened the son of the complainant and did not allow the petitioner No.5 to accompany the son of the complainant to her matrimonial house. On the basis of the complaint, statement of the complainant on solemn affirmation and the statement of the inquiry witnesses, the learned Judicial Magistrate found prima facie case for the offences punishable under Sections 323, 341 and 504 of the Indian Penal Code and passed the summoning order.

5. Learned counsel for the petitioners submits that the allegations against the petitioners are false. It is next submitted that even though the entire allegations made against the petitioners are considered to be true, in the absence of any pain, disease or infirmity caused to any of the victims, the offence punishable under Section 323 of the Indian Penal Code is not made out.

6. It is next submitted that in the absence of any allegation of wrongful restraint of any of the victims, the offence punishable under Section 341 of the Indian Penal Code is not made out against the petitioners.

7. It is further submitted that in the absence of any allegation of intentional insult of such a nature as would provoke the victim to commit breach of peace or any other offence, the offence punishable under Section 504 of the Indian Penal Code is not made out.

8. It is then submitted that the petitioner No.5 has instituted cases against the complainant and her family members and this case has been foisted only for the purpose of wreaking vengeance. It is also submitted that the case is next fixed to 23.03.2026 for appearance and charge has not yet been framed. Hence, it is submitted that the prayer, as prayed for in the instant Criminal Miscellaneous Petition, be allowed.

9. Learned Spl. P. P. appearing for the State on the other hand vehemently opposes the prayer of the petitioners made in the instant Criminal Miscellaneous Petition and submits that the materials in the record are sufficient to constitute each of the offences in respect of which prima facie