O R D E R

This Criminal Miscellaneous Case is filed to quash the proceedings against the petitioner in CC No.782/2019 on the file of Judicial First Class Magistrate Court, Irinjalakuda, arising from Crime No.29/2019 of Irinjalakuda Police Station. The above case is charge sheeted against the petitioner alleging offence punishable under Section 498A IPC.

2. The prosecution case is that, the petitioner herein, who is the husband of the 2^nd respondent, compelled the 2^nd respondent for surgery and follicular study and wanted to have sexual intercourse with her for bearing children. It is alleged that the petitioner also harassed the 2^nd respondent to take treatment from an IVF Center. Hence, it is alleged that the accused committed the offence. According to the petitioner, even if the entire allegations are accepted, no offence is attracted against the petitioner.

3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. Even though, notice is issued to the 2^nd respondent, who is the defacto complainant, there is no appearance for the 2^nd respondent.

4. This Court perused Annexure-A2 final report.

The allegation against the petitioner in Annexure-A2 final report is that, the accused mentally and physically harassed the defacto complainant.

5. Annexure-A1 is the First Information Statement and the complaint is filed by the 2^nd respondent. The main allegation in Annexure-A1 complaint against the petitioner is that after four days of marriage, the petitioner took her to a Gynecologist at Ernakulam Medical Centre on 24.01.2018 and met Dr. Sheela Sadasivan and got the certificate for follicular study. Based on the certificate, the petitioner started to harass the 2^nd respondent for surgery and follicular study. It is also alleged that the petitioner forced her for intercourse with him. Subsequently, the 2^nd respondent consulted Dr. Shinju and found that she is normal. It is also alleged that the petitioner harassed the 2^nd respondent to take treatment at IVF Center, Coimbatore and refused for any kind of examination on him. Hence, it is alleged that the accused harassed the 2^nd respondent. The offence alleged is under Sec.498 A IPC. It will be better to extract Sec.498 A IPC.

“498-A. 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 purposes 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.”

6. The explanation to Sec.498A IPC defined the cruelty mentioned in the Section. Clause (a) of the explanation says that 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. Admittedly, there is no such allegation that the petitioner has done any wilful conduct which is of such a nature which likely to drive the woman to commit suicide or cause grave injury or danger to life etc. Clause (b) of Sec.498A IPC says that the cruelty means 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. Absolutely, no such allegation is there either in Annexure-A1 or in the final report. If that is the case,