JUDGMENT : ANIL KUMAR CHOUDHARY, J. 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the entire criminal proceeding including the order dated 23.11.2022 passed by the learned Judicial Magistrate 1st Class, Dhanbad in connection with Complaint Case No. 2627 of 2019 whereby and where under, the learned Judicial Magistrate 1st Class, Dhanbad has found prima facie case against the petitioners for having committed the offences punishable under Sections 323, 406 and 498A of the Indian Penal Code. 3. The fact of the case is that the petitioner no.1 is the father-in-law, petitioner no.2 is the mother-in-law, petitioner no.3 is the brother- in-law and petitioner no.4 is the wife of the petitioner no.3. The allegations against the petitioners are that after the death of the husband of the complainant on 07.08.2011 in a road accident, the petitioners perpetrated mental and physical cruelty upon the complainant by telling that because of the birth of her daughter, her husband died and further told that if she lives in their house, all the inmates of the house will die. There was a panchayati on 03.06.2013 and the petitioners agreed to give Rs.500/- per month and to provide food, clothes and education to the daughter of the complainant but they did not provide any help. On 23.08.2019 the petitioners came to the house of the brother of the complainant,. where the complainant was residing and demanded Rs.2,00,000/- as a condition to allow the complainant to reside in her matrimonial house. Since the marriage of the complainant was an inter caste marriage therefore, she was treated with cruelty. 4. It is submitted by the learned counsel for the petitioners that the allegations against the petitioners are general and omnibus in nature and there is no specific act attributed to each of the petitioners in recent past before filing of the complaint in the year 2019. It is then submitted by the learned counsel for the petitioners that admittedly, the daughter of the complainant was born in the year 2011 and in 2013 the petitioners have been agreed to provide for Rs.500/- and food and clothes including expenses for education of the daughter of the complainant. It is then submitted by the learned counsel for the petitioners that admittedly, the daughter of the complainant was born in the year 2011 and in 2013 the petitioners have been agreed to provide for Rs.500/- and food and clothes including expenses for education of the daughter of the complainant. It is also submitted by the learned counsel for the petitioners that after 2013 the only allegation against the petitioners is that on 23.08.2019 the petitioners abused and demanded Rs.2,00,000/- but even assuming the same to be true, the same do not constitute the offences, the cognizance of which have been taken in the case. It is further submitted by the learned counsel for the petitioners that admittedly, the complainant live peacefully for over two years during the lifetime of her husband i.e. from 18.07.2009 which is the date of her marriage till the death of her husband. It is next submitted by the learned counsel for the petitioners that there is no allegation of any hurt being caused to the complainant and in the absence of that, the offence punishable under Section 323 of the Indian Penal Code is not made out. It is then submitted by the learned counsel for the petitioners that the complainant prior to filing of the present complaint, already filed Pre Litigation Case No.151 of 2018 before the Permanent Lok Adalat, Ramgarh and after receiving notice, the petitioners appeared and filed a detailed show cause and regularly appeared in the said case but the complainant herself did not appear and the case was dismissed and in this respect, the learned counsel for the petitioners draws the attention of this Court to Annexure-2 and 2/1 of the brief. It is next submitted by the learned counsel for the petitioners that there is no allegation of any entrustment of any property to the petitioners nor there is any allegation of dishonest misappropriation of any property therefore, the offence punishable under Section 406 of the Indian Penal Code is not made out. It is further submitted by the learned counsel for the petitioners that this case has been instituted belatedly for wreaking vengeance and to harass the petitioners. It is further submitted by the learned counsel for the petitioners that this case has been instituted belatedly for wreaking vengeance and to harass the petitioners. It is next submitted by the learned counsel for the petitioners that the petitioners never refused to allow the complainant to live with their joint family and there are no rhyme or reason that why after eight years of the death of her husband, the petitioners for the first time, will demand Rs.2,00,000/- from the brother of the complainant. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 5. The learned Addl. P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer and submits that the allegation made in the complaint, statement of the complainant on solemn affirmation and the statement of the inquiry witnesses if considered to be true in their entirety is sufficient to constitute each of the offences in respect of which prima facie case has been found by the learned Judicial Magistrate 1st Class, Dhanbad. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 6. Having heard the submissions made at the Bar and after going through the materials available in the record, so far as the offence punishable under Section 406 of the Indian Penal Code is concerned, the essential ingredient to constitute the said offence are:- (i) there must be an entrustment, (ii) there must be misappropriation or conversion to one’s own use, or use in violation of a legal direction or of any legal contract; as has been held by the Hon’ble Supreme Court of India in the case of Ram Narayan Popli vs. Central Bureau of Investigation reported in (2003) 3 SCC 641 7. Now coming to the facts of the case, there is absolutely no allegation against the petitioners of having entrusted with any property or having committed any dishonest misappropriation of any property and in the absence of the same, the offence punishable under Section 406 of the Indian Penal Code is not made out against the petitioners. 8. Now coming to the facts of the case, there is absolutely no allegation against the petitioners of having entrusted with any property or having committed any dishonest misappropriation of any property and in the absence of the same, the offence punishable under Section 406 of the Indian Penal Code is not made out against the petitioners. 8. So far as the offence punishable under Section 323 of the Indian Penal Code is concerned, the essential ingredients to constitute the said offence are :- (i) Accused voluntarily caused bodily pain, deceased or infirmity to the victim; (ii) The accused did so with intention of causing hurt or with the knowledge that he would thereby cause hurt to the victim. 9. Now coming to the facts of the case, there is no allegation against any of the petitioners of causing bodily pain, deceased or infirmity to the complainant and in the absence of the same; merely saying that on one occasion the petitioner no.2 did marpeet with the complainant, in the absence of any allegation that by such marpeet any bodily pain, deceased or infirmity was caused to the complainant, the offence punishable under Section 323 of the Indian Penal Code is not made out. Moreover, as no time and place of such occurrence has even been alleged. 10. So far as the offence punishable under Section 498A of the Indian Penal Code is concerned, there is absolutely no allegation against the petitioners of committing any harassment to the complainant to coerce her to meet the unlawful demand. The unlawful demand as per the complaint was for the first time made on 23.08.2019 and the case was filed on 28.08.2019 and in between there is no allegation of any harassment being caused to the complainant. There is no allegation against the petitioners of indulging in any willful conduct of such a nature as is likely to drive the complainant to commit suicide or to cause any grave injury to life, limb and health whether mental and physical to the complainant. Admittedly, the complainant has been residing separately from the petitioners for a considerable period of time. 11. Under such circumstances, this Court is of the considered view that even if the entire allegations against are considered to be true in its entirety, still the offence punishable under Section 498A of the Indian Penal Code is not made out. 12. Admittedly, the complainant has been residing separately from the petitioners for a considerable period of time. 11. Under such circumstances, this Court is of the considered view that even if the entire allegations against are considered to be true in its entirety, still the offence punishable under Section 498A of the Indian Penal Code is not made out. 12. In view of the discussions made above, as none of the offences in respect of which the learned Judicial Magistrate 1st Class, Dhanbad has found prima facie is made out, even if the entire allegations are considered to be true in their entirety and the undisputed fact remains that the complainant has been residing separately from the petitioners in the house of her brother for a considerable period of time, this Court is of the considered view that this case has been instituted for the purpose of wreaking vengeance and since none of the offence in respect of which the learned Judicial Magistrate 1st Class, Dhanbad has found prima facie case, is in fact being made out, even if the entire allegation are considered to be true, therefore, continuation of the criminal proceeding against the petitioners will amount to abuse of process of the law and this is a fit case where the entire criminal proceeding including the order dated 23.11.2022 passed by the learned Judicial Magistrate 1st Class, Dhanbad in connection with Complaint Case No. 2627 of 2019 be quashed and set aside qua the petitioners. 13. Accordingly, the entire criminal proceeding including the order dated 23.11.2022 passed by the learned Judicial Magistrate 1st Class, Dhanbad in connection with Complaint Case No. 2627 of 2019 is quashed and set aside qua the petitioners. 14. In the result, this criminal miscellaneous petition is allowed.