The main legal point established in the judgment is that for an act to constitute cruelty under Section 498A IPC, it must be of such a nature as to cause danger to the life, limb, or health of the woman, whether physical or mental.

1. This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Cr. P.C.) is directed against the order dated 09.01.2015 passed by the Learned Sub-Divisional Judicial Magistrate, Bishalgarh, West Tripura whereby, he dismissed the petition filed by the petitioner-accused in which it was alleged that there was no material to frame charge against the petitioner under section 498A IPC.

      2. The case against the petitioners is based on the written complaint made by the complainant to the Officer-in-Charge, Women Police Station, Udaipur, Gomati Tripura on 17.01.2014.

       3. In the complaint, five persons was shown as accused and the complaint reads as follows:-

“Sir,

With due respect I beg to state that the informant is residing in the State and she is peace loving and law abiding housewife, and the accused person No. 1 is her legally married husband, the accused person No. 2 is the father-in-law of the informant, and the accused persons No. 3, 4 & 5 are the sister-in-law of the informant and husbands of sisters-in-law of the informant.

It is stated that on 14.07.2013, the marriage between the informant and the accused person Bo.1 was solemnized as per Hindu rites and customs. In that marriage, the parents of the informant by borrowing money, gave Rs. 50,000/- in cash, one motor cycle (Hero Honda Glamour), Golden chain, ring to accused person No. 1, Golden Neckless, Har, bangles, chur, two golden churi, mantasha, ear ring, Box Khat, Alna, Tea Table, Dressing Table, VIP Sofa Set, Showcase, Steel Almirah, LCD TV, dress materials, utensils, i.e., in total worth Rs. 10,00,000/-.

After the marriage, the informant went to the house of the accused person No. 1 and on 17th July, 2013, i.e., on the day of Boubhat, the informant fell ill, and accordingly, she was taken to B.R. Ambedkar Hospital for her treatment, and on that day she was released from the hospital. On that date at night, she again fell ill, and the accused persons informed the parents of the informant. On arrival, the father of the informant found that the accused persons did not take any steps for her treatment. On the other hand, all the golden ornaments were removed. At that time, the father of the informant took her in ILS Hospital and treated her.

After release from hospital, when she went to the house of her inlaws, all the accused persons drove her out from the house, and told that as the informant is sick, they would again organize marriage of accused person No. 1. Finding no other alternative, the informant came to her parental home, and informed entire incidents. Thereafter, the relatives of informant tried to send her in her in-laws house. On 26.07.2013, the informant and her uncle of went to the house of accused persons, and the accused person by abusing filthy language drove them out from their house, and told them that as the informant is a sugar patient they would not treat her as wife of accused person No. 1 and they would again organize marriage of accused person No. 1. Thereafter, the informant and her uncle returned to home.

Thereafter, on several occasions the informant tried to restore the relation with the accused person No. 1. On 17.11.2013, the informant convened a village meeting at Laxmanpara with the local people, and in that meeting the accused person No. 1 & 2 told that accused person No. 1 is not interested to maintain relation with the informant as husband and wife, and that time, the local people advised her to take legal action.

On 27.12.2013, the accused person Nos. 1, 2, 3 & 4 by a vehicle, came to the house of the father of the informant, and by threatening the informant and her father they told that they would not accept the informant as wife of accused person No.1, and if through Panchayat or other means, they send the informant, they would kill her.

The informant tried her level best to restore the relation, but all her efforts went on vain, and finding no other alternative, she is approac