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12. So far as the charge under Section 406 IPC is concerned Mr. Mathur contended qua the petitioner it must necessarily fail. Perusal of the FIR clearly show that respondent No. 5 or for that matter her family members never entrusted any property to this petitioner. In the absence of entrustment the petitioner cannot prima facie be held guilty of misappropriation. Even otherwise respondent No. 5 has made general allegations against the petitioner ascribing no specific role to him. The allegations made being omnibus allegations can be read to his advantage. Even if the allegations made in the FIR are accepted on its face value the petitioner can neither be convicted under Sections 406 IPC nor under Section 498A IPC. Complainant has named each and every member of the family just as a pressure tactics.

14. On the other hand Mr. P.N. Lekhi, Senior Advocate, appearing for respondent No. 5 vehemently contended that allegations in the FIR squarely make out case under Section 498A and 406 IPC. Contents of the complaint show petitioner to be guilty and his cruelty inflicted on respondent No. 5 squarely fall under the provisions of Section 498A IPC. He, however, accepted that ordinary conduct is not covered under the definition of Section 498-A IPC. Mr. P.N. Lekhi contended that the Statement of Objects and Reasons can be referred to if there is any doubt raised regarding the scope and intent of the amendment in the I.P.C. by virtue of which Section 498A was inserted. To support his contentions he referred to the case of Utkal Contractors and Joinery Pvt. Ltd. v. State of Orissa wherein Apex Court observed:-

In the case of Pawan Kumar And Ors. v. State of Haryana Apex Court observed that the courts must adopt that construction which "suppresses the mischief and advances the remedy."

21. While bringing the provision of Section 498-A IPC on the Statute book, the Legislature did not define the word "Cruelty". IT has been used in relation to human conduct and human behavior. Reading of explanation (a) of Section 498A IPC makes it clear that it deals with cruelty arising out of willful conduct to harm the woman and that willful conduct has to be of such a nature as is likely to drive the woman to commit suicide or to cause grave injury to her life, limb or health. On the other hand explanation (b) deals with cruelty related to demand of property or valuable security. Therefore, in one case cruelty is willful which forces woman to commit suicide but explanation (b) relates to demand. Demand is a pre-condition to attract the provision of explanation (b) of Section 498A IPC. Admittedly complainant has built her case on explanation (b) of Section 498A IPC.

27. We are in agreement with the contention of Mr. mathur that in order to attract the provisions of Section 498A it is not every harassment or every type of cruelty that would attract the provision of Section 498A. In this regard we are supported by the decision of Bombay High Court in Sarla Prabhakar Waghmare v. State of Maharashtra (1990) Crl.L.J. Page 47 (Bombay) and Rajanimal and Ors. v. State by D.S.P. CB CID 1993 Cr.L.J. Page 3019. Court observed that cruelty by itself without demand would not be sufficient to bring home the guilt under explanation (b) of Section 498A IPC. Harassment by itself is not a cruelty unless there is a demand of dowry and the cruelty is a consequence of that demand. Supreme Court in the case of State of Himachal Pradesh v. Nikku Ram and Ors. while interpreting the provisions of Section 304-B, 498-A, 306 and 324 IPC the Apex Court observed that harassment to constitute cruelty under Section 498A explanation (b) must have nexus with the demand of dowry and if this is missing the case will fall beyond the scope of Section 498A. Pre-condition for attracting the provisions of Section 498A is the demand and if the demand is missing and the cruelty is for the sake of giving torture to the woman without any nexus with the demand then such a cruelty will not be covered under explanation (b) under Section 498A IPC. It may be a cruelty under Hindu Marriage Act as held by Supreme Court in the case of Shobha Rani v. Madhukar Reddi . Apex Court observed that cruelty under Section 498A IPC is distinct from the cruelty under the Hindu Marriage Act which entitle the wife to get a decree for dissolution of marriage.