Pulak Tikadar Vs State of West Bengal and Anr.

1. The revisional application has been preferred praying for quashing of proceeding in G.R. Case No. 900 of 2020 arising out of Sitalkuchi Police Station Case No. 191 of 2020 dated December 12, 2020 under Sections 498A of the Indian Penal Code read with Sections 3/4 of Dowry Prohibition Act pending before The Learned Additional Chief Judicial Magistrate, Mathabhanga at Cooch Behar.

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2. The petitioner herein is the husband of the de facto complainant. The allegations in the written complaint filed by the opposite party no.2 is

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that on 16.09.2019 the complainant was got married with accused/petitoner Pulak Tikadar as per Hindu Customs, after fulfilling all the demands of the accused persons. Since after marriage she was subjected to torture both mentally and physically by her husband and in laws. The accused persons assaulted the complainant and drove her out of the house.

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3. The State has placed the case diary and the petitioner has placed his written notes along with judgments relied upon.

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4. On hearing the Learned Counsels for the parties and on perusal of the materials on records, it appears that the present case, in respect of the parents of the present petitioner was quashed by a coordinate bench vide an order dated 09.01.2023 in CRR 176 of 2021.

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5. The petitioner’s case is that the opposite party no. 2, Smt. Jayanti Basak (Tikadar) and Pulak Tikadar (petitioner herein) got married and started staying together as man and wife for a certain period. Thereafter, they decided to live separately on and from 6th December, 2018. They also approached the competent Court for mutual divorce under Section 13B of the Hindu Marriage Act. However, the marriage was not dissolved by mutual consent. Subsequent thereto, the wife opposite party no. 2 informed the Inspector-in-charge Sitalkuchi Police Station in writing that she was being harassed and treated with cruelty by her husband and her parents-in-law. Police registered a case under Section 498A of the I.P.C. and under Section 3/4 of the Dowry Prohibition Act. After completion of investigation police submitted charge sheet against the accused persons.

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6. Admittedly, the parties herein, that is the de facto complainant being the opposite party no.2 and the petitioner herein filed an application under Section 13B of the Hindu Marriage Act, which was registered as MAT 84 of 2019 before the Learned Additional District, Mathabhanga. But due to a dispute regarding the alleged monetary demand of the opposite party no.2, the said case failed.

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7. It is on record that the parties got marriage on 17.10.2018 and the present case has been registered on 12^th December, 2020 and the application under Section 13B of the Hindu Marriage Act was filed in the year 2019.

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8. Learned Counsel appearing for the de facto complainant vehemently objects to the quashing of the present proceedings stating that there is sufficient evidence on record to make out a prima facie case against the husband/petitioner herein, and it is further submitted that the trial has proceeded considerably.

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9. Learned Counsel for the State on placing the case diary, submits that admittedly, the parties had entered in a matrimonial relationship and it is on record that parties also filed for mutual divorce within a year, which did not finalise.

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10. 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:-

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“ 15. An offence is punishable under Section 498A of the IPC when a husband or his relative subjects a

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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 “cruelty” means any wilful conduct that is of such a nature as is likely to drive the woman to commit suicide. The second limb of clause (a) of the Explanation of Section 498A of the IPC, states that cruelty means any wilful conduct that is of such a nature as to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Further, clause (b) of the Explanation of Section 498A of the IPC states that cruelty would also include harassment of the woman where such harassment is to coerce 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.

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16. Further, Section 3 of the Dowry Act deals with penalty for giving or taking dowry. It states that any person who engages in giving, taking, or abetting the exchange of dowry, shall face a punishment of imprisonment for a minimum of five years and a fine of not less than fifteen thousand rupees or the value of the dowry, whichever is greater. Section 4 of the Dowry Act talks of penalty for demanding dowry. It states that any person demanding dowry directly or indirectly, from the parents or other relatives or guardians of a bride or bridegroom shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees.

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18. A bare perusal of the FIR shows that the allegations made by respondent No.2 are vague and omnibus. Other than claiming that appellant No.1 harassed her and that appellant Nos.2 to 6 instigated him to do so, respondent No.2 has not provided any specific details or described any particular instance of harassment. She has also not mentioned the time, date, place, or manner in which the alleged harassment occurred. Therefore, the FIR lacks concrete and precise allegations.

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25. A mere reference to the names of family members in a criminal case arising out of a matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud. It is a well-recognised fact, borne out of judicial experience, that there is often a tendency to implicate all the members of the husband’s family when domestic disputes arise out of a matrimonial discord. Such generalised and sweeping accusations unsupported by concrete evidence or particularised allegations cannot form the basis for criminal prosecution. Courts must exercise caution in such cases to prevent misuse of legal provisions and the legal process and avoid unnecessary harassment of innocent family members. In the present case, appellant Nos.2 to 6, who are the members of the family of appellant No.1 have been living in different cities and have not resided in the matrimonial house of appellant No.1 and respondent No.2 herein. Hence, they cannot be dragged into criminal prosecution and the same would be an abuse of the process of the law in the absence of specific allegations made against each of them.

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28. The inclusion of Section 498A of the IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State. However, in recent years, as there have been a notable rise in matrimonial disputes across the country, accompanied by growing discord and tension within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 498A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife. Making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead to the misuse of legal processes and an encouragement for use of arm twisting tactics by a wife and/or her family. Sometimes, recourse is taken to invoke Section 498A of the IPC against the husband and his family in order to seek compliance with the unreasonable demands of a wife. Consequently, this Court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them.

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29. We are not, for a moment, stating that any woman who has suffered cruelty in terms of what has been contemplated under Section 498A of the IPC should remain silent and forbear herself from making a complaint or initiating any criminal proceeding. That is not the intention of our aforesaid observations but we should not encourage a case like as in the present one, where as a counterblast to the petition for dissolution of marriage sought by the first appellant-husband of the second respondent herein, a complaint under Section 498A of the IPC is lodged by the latter. In fact, the insertion of the said provision is meant mainly for the protection of a woman who is subjected to cruelty in the matrimonial home primarily due to an unlawful demand for any property or valuable security in the form of dowry. However, sometimes it is misused as in the present case.

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30. In the above context, this Court in G .V. Rao vs. L.H.V. Prasad, (2000) 3 SCC 693 observed as follows:

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“12. There has been an outburst of matrimonial disputes in recent times. Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. There are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their “young” days in chasing their “cases” in different courts.”

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31. Further, this Court in Preeti Gupta vs. State of Jharkhand (2010) 7 SCC 667 held that the courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realties into consideration while dealing with

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matrimonial cases. The allegations of harassment by the husband’s close relatives who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complainant are required to be scrutinized with great care and circumspection.

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32. We, therefore, are of the opinion that the impugned FIR No.82 of 2022 filed by respondent No.2 was initiated with ulterior motives to settle personal scores and grudges against appellant No.1 and his family members i.e., appellant Nos.2 to 6 herein. Hence, the present case at hand falls within category (7) of illustrative parameters highlighted in Bhajan Lal. Therefore, the High Court, in the present case, erred in not exercising the powers available to it under Section 482 CrPC and thereby failed to prevent abuse of the Court’s process by continuing the criminal prosecution against the appellants.”

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11. The materials in the case diary in the present case shows that the allegations are general in nature. As such permitting the case to proceed against the petitioners herein, will clearly be an abuse of the process of law, considering that none of the ingredients required to constitute the offences alleged are present against the petitioners herein.

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12. CRR 523 of 2024 is thus allowed.

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13. The proceeding in G.R. Case No. 900 of 2020 arising out of Sitalkuchi Police Station Case No. 191 of 2020 dated December 12, 2020 under Sections 498A of the Indian Penal Code read with Sections 3/4 of Dowry Prohibition Act pending before The Learned Additional Chief Judicial Magistrate, Mathabhanga at Cooch Behar, is hereby quashed in

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respect of the petitioner namely Pulak Tikadar.

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14. All connected applications, if any, stands disposed of.

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15. Interim order, if any, stands vacated.

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16. Copy of this judgment be sent to the learned Trial Court for necessary compliance.

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17. Urgent certified website copy of this judgment, if applied for, be supplied expeditiously after complying with all, necessary legal formalities.

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(Shampa Dutt (Paul), J.)

Pulak Tikadar v. State of West Bengal and Anr.

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Pulak Tikadar v. State of West Bengal and Anr.

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