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S 498-A IPC Charge Not Maintainable Against Woman Alleged To Be In Illicit Relationship With Complainant's Husband: Karnataka HC
Mustafa Plumber
23 Jun 2022 11:44 AM GMT
The Karnataka High Court has quashed an FIR registered against a woman under sections 498-A, 506, 504 and 34 of IPC and Section 3 and 4 of Dowry Prohibition Act by another woman alleging that the accused was having an illicit relationship with her husband. A single judge bench of Justice Hemant Chandangoudar allowing the petition filed by the woman said, "The only allegation...
The Karnataka High Court has quashed an FIR registered against a woman under sections 498-A, 506, 504 and 34 of IPC and Section 3 and 4 of Dowry Prohibition Act by another woman alleging that the accused was having an illicit relationship with her husband.
A single judge bench of Justice Hemant Chandangoudar allowing the petition filed by the woman said, "The only allegation against the petitioner–accused No.5 is that she is having illicit relationship with the accused No.1 who is the husband of the respondent No.2 – informant. This allegation does not constitute the commission of the offences alleged against the petitioner –accused No.5."
The First Information Report lodged by the 2nd respondent alleged that she is the legally wedded wife of accused No.1 and she was subjected to cruelty by accused No.1 to 4 and the accused No.5 – petitioner is having illicit relationship with her husband.
The petitioner submitted that, "The only allegation against the petitioner – accused No.5 is that she is having an illicit relationship with accused No.1, who is her legally wedded husband. Hence, the allegation made against the petitioner – accused No.5 does not constitute the commission of the offences alleged against the petitioner. Hence, the registration of the FIR for the aforesaid offences is impermissible."
The prosecution opposed the plea saying the allegations made in the FIR discloses that the commission of the offences alleged against the petitioner – accused No.5.
Court findings:
On going through the complaint the bench said, "This allegation does not constitute the commission of the offences alleged against the petitioner –accused No.5 and in the absence of any essential ingredients so as to constitute the commission of the said offences, registration of the FIR against accused No.5 is without any substance."
Accordingly it allowed the petition.
Case Title: XXX versus STATE OF KARNATAKA
Case No: CRIMINAL PETITION NO.2743 OF 2017
Citation: 2022 LiveLaw (Kar) 226
Date of Order: 02ND DAY OF JUNE, 2022
Appearance: Advocate NAGARAJ G for petitioner; HCGP S. VISHWAMURTHY, FOR R1; Advocate BABU REDDY, FOR R2
Click Here To Read/Download Order
