HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5595 of 2009 ORDER: The petitioners 1 and 2/ A.2 and A.3 are accused of offence punishable under Section 498-A IPC. It is alleged in the charge sheet as well as in the statement of the 2nd respondent/ de facto complainant that A.2 and A.3 who are brother and sister-in-law of A.1 who is husband of the 2nd respondent were harassing the 2nd respondent by asking her to go away from the house and by not providing food to her and by necking her out of the family house. A.1 to A.3 are stated to be residing together. Subsequent to necking out of the 2nd respondent from the house, A.1 gave divorce notice to her. It is also alleged that A.1 kidnapped one woman and is leading illicit life with her. There are absolutely no allegations of demand for dowry or harassment by any of the petitioners. Therefore Clause (b) of explanation to Section 498-A IPC has no application in this case. The question is whether the alleged conduct of A.2 and A.3 amounts to cruelty as per Clause (a) of the explanation to Section 498-A IPC. Clause (a) reads as follows: “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” In order to attract Clause (a), the harassment shall be of such nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health of the 2nd respondent. There is no suicide by the wife. There was no grave injury or danger to life or limb or health of the 2nd respondent. In the absence of any allegations towards that end, the above Clause (a) is also inapplicable to the present case. Any cruelty otherwise than mentioned in Clause (a) or Clause (b) of the explanation to Section 498-A IPC will never attract penal liability thereunder. Therefore the charge sheet against the petitioners 2 and 3 for the offence under Section 498-A IPC is impermissible in law. In the result, the Criminal Petition is allowed quashing C.C.No.474 of 2008 on the file of IV Additional Judicial Magistrate of the First Class, Warangal in so far as the petitioners 1 and 2/A.2 and A.3 are concerned. ________________________ SAMUDRALA GOVINDARAJULU,J Dt. 28th October, 2011. PNV