BIJAY KUMAR AGARWAL Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The husband and wife as petitioners before this court has moved the application under sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking a prayer to quash the criminal proceedings pending before the learned Judicial Magistrate, First Class, Jorethang, South Sikkim. The proceeding is at the stage of trial and two police witnesses are yet to be examined. The learned Judicial Magistrate had framed three charges against the husband under sec. 498A/323 and 506 of the Indian Penal Code, 1860 (IPC).

(2.) Sec. 498A IPC relates to the husband subjecting the wife to cruelty. The punishment prescribed is imprisonment for a term which may extend to three years and with fine. The explanation to 498A defines cruelty to mean any willful 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 harassment of the woman where such harassment is with a view of 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. The offence is non-bailable and non-compoundable.

(3.) Sec. 323 IPC is punishment for voluntarily causing hurt. The punishment prescribed is imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. The offence is bailable and compoundable by the person to whom the hurt is caused.