15.01.2025 Sl. No.: 11 Court No.30 BM CRR 1071 of 2023 Mausam Kumar Ghosh & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Jayanta Narayan Chatterjee Ms. Setu Das Roy Ms. Suranjana Nandi … for the petitioners Mr. Imran Ali Ms. Debjani Sahu … for the State Mr. Tushar Kanti Mukherjee Mr. Alok Kumar Ganguly ... for the opposite party no.2

1. The present revisional application has been preferred praying for quashing of proceeding in G.R Case No.5074 of 2021 arising out of New Barrackpore Police Station Case No.260 of 2021 dated 20.06.2021 under Sections 498A/323/506/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate at Barrackpore, North 24 Parganas.

2. The marriage between the parties in the present case was solemnised on 17.10.2018. The petitioner no.1 is the husband and suffers from 45% disability due to Polio.

3. Petitioners No. 2 to 4 are members of joint family and relatives of the petitioner no.1.

4. Due to matrimonial dispute between the parties, the defacto complainant allegedly left her matrimonial home on 13.06.2021. The petitioner no.1 filed a GD with the local Police Station on 20.06.2021. The present case was initiated against the accused person under Section 498A/323/506/34 of the Indian Penal Code.

5. The allegation in the written complaint includes assault with iron road and other weapons.

6. The petitioner no.1 has initiated a proceeding for divorce on

24.06.2021.

7. Learned counsel for the State has produced the case diary.

On perusal of the case diary, this court finds no medical papers, as it has been stated by the defacto complainant that she did not attend any Doctor’s chamber for treatment.

8. Learned counsel for the opposite party no.2 has submitted that the case should be permitted to proceed towards trial.

9. The State has placed the case diary along with report as called for.

10. Section 498A of IPC, lays down:-

“498A. Husband or relative of husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.— For the purpose of this section, “cruelty”

means—

(a)any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b)harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Ingredients of offence- The essential ingredients of the offence under sec 498A are as follows:

1) A woman was married;

2) She was subjected to cruelty;

3) Such cruelty consisted in-

i) Any lawful conduct as was likely to drive such woman to commit suicide or to cause grave injury or danger to her life, limb or health whether mental or physical;

ii) harm to such woman with a view to coercing her to meet unlawful demand for property or valuable security or on account of failure of such woman or any of her relations to meet the lawful demand;

iii) the woman was subjected to such cruelty by her husband or any relation of her husband.”

11. In Dara Lakshmi Narayana & Ors. vs State of Telangana & Anr., in Criminal Appeal No. ………… of 2024 (arising out of SLP (Criminal) No. 16239 of 2024, decided on December 10, 2024, the Supreme Court held:-

“15. An offence is punishable under Section 498A of the IPC when a husband or his relative subjects a woman to cruelty, which may result in imprisonment for a term extending up to three years and a fine. The Explanation under Section 498A of the IPC defines “cruelty” for the purpose of Section 498A of the IPC to mean any of the acts mentioned in clauses (a) or (b). The first limb of clause (a) of the Explanation of Section 498A of the IPC, states that “