A mere allegation of beating without medical evidence or proof of bodily pain is insufficient to constitute an offence under Section 323 IPC, and without evidence of intentional provocation, Section 504 IPC is not attracted.

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding including the order dated 27.06.2022 passed by the learned Judicial Magistrate-1st Class, Palamau in connection with Complaint Case No. 344 of 2020 whereby and where under the learned Judicial Magistrate-1st Class, Palamau has found prima facie case against the petitioners for having committed the offences punishable under Sections 323, 504, 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that charge has yet to be framed in this case.

4. The allegation against the petitioner is that the petitioner No.1 being the elder brother of the husband of the complainant and the petitioner No.2 being the father-in-law of the complainant, did marpit (beating) with her.

5. Learned counsel for the petitioners submits that even if the entire allegations made against the petitioners are considered to be true in their entirety, still the same is insufficient to constitute either the offence punishable under Section 323 of the Indian Penal Code or the offence punishable under Section 504 of the Indian Penal Code, hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

6. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioners made in this Criminal Miscellaneous Petition and submit that the materials available in the record are sufficient to constitute each of the offences in respect of which the learned Judicial Magistrate-1st Class, Palamau has found prima facie case against the petitioners. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that it is a settled principle of law as has been observed by the Hon’ble Supreme Court of India in the case of Abhishek Saxena vs. The State of Uttar Pradesh & Anr. reported in 2023 INSC 1088 in Criminal Appeal No. 3628 of 2023 dated 28.11.2023, paragraph no.9 of which reads as under:-

“9. As noted earlier, except the statement that ‘they beat up me’ by the complainant no material whatsoever is available on record in regard to the commission of the said offence. The incident allegedly occurred on 12.06.2016. In the recorded statement of the second respondent-complainant or in the counter affidavit filed by the first respondent there is not even a whisper that after the incident she went to a doctor or underwent any kind of treatment. Needless to say, that there is no statement – at least that injury report was prepared. In this context, it is also to be seen in respect of the incident, the FIR got registered only on 04.09.2016, that too much after the filing of petition No. 13/2016 by the appellant herein. Above all, as noted earlier, basic ingredients to constitute an offence under Section 323, IPC is lacking in the chargesheet.”

that the statement that ‘they beat up me’ by the complainant, in the absence of any material to suggest that the victim went to the d