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2014 Supreme(HP) 1652

SURESHWAR THAKUR
Naveen Sood – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ajay Sharma.
For the Respondent: Mr. Vivek Singh Attri.

JUDGMENT :

SURESHWAR THAKUR, J.

1. In the instant petition instituted under the provisions of Section 482 Cr.P.C, a prayer is made by the petitioners to quash and set aside FIR No. 75 of 2014, registered in Police Station, Kangra, H.P., for theirs having allegedly committed offences under Sections 498-A/406/34 IPC. Before proceeding to record findings and arrive at conclusions in the instant petition, it is deemed apt and imperative to extract the provisions of 498-A IPC:-

(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;

(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.”

2. The import of the term “cruelty” existing in the Section 498-A IPC, whose provisions, are extracted hereinabove, and which “cruelty” is alleged to have been perpetrated upon the complainant by the petitioners herein is of its being constituted by any willful con

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