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S 498-A I.P.C. Charge Against Woman Alleged To Be In Illicit Relationship With Complainant’s Husband Not Maintainable: Karnataka High Court

 

The Karnataka High Court on 2nd July 2022 quashed an FIR filed by another woman against a woman under sections 498-A, 506, 504 and 34 of the IPC, as well as sections 3 and 4 of the Dowry Prohibition Act, alleging that the accused was having an illicit relationship with her husband., through the single bench of Justice Hemant Chandangoudar in the case of XXX v. State of Karnataka (Criminal Petition No 2743 of 2018).

 

FACTS OF THE CASE:

The petitioner filed a criminal petition under Section 482 of the Cr.P.C. and prayed to quash the FIR in Cri. No. 547/2016 for the offenses punishable under sections 498(a), 504, 506 read with Section 34 of the IPC and Sections 3 and 4 of the D.P. Act, which was pending on the file of the XXIV Addl. Cmm.

The 2nd defendant argued in her First Information Report that she is the legally wedded wife of accused No.1, that she has been subjected to abuse by accused No.1 to 4, and that accused No.5 – petitioner is having an illicit relationship with her husband.

It was stated by the petitioner “The only allegation against the petitioner – accused No.5 is that she is having an illicit relationship with accused No.1, who is her lawfully wedded spouse”. As a result, the charge made against the petitioner – accused No.5 – does not represent the conduct of the alleged offences against the petitioner.

As a result, filing a FIR for the aforementioned offences is impermissible. The prosecution challenged the plea, arguing that the accusations in the FIR show that the petitioner – accused no. 5 committed the offences alleged.

 

JUDGEMENT:

After reviewing the complaint, the bench concluded that this allegation does not constitute the commission of the offences alleged against the petitioner-accused No.5, and that in the absence of any essential ingredients constituting the commission of the said offences, the registration of the FIR against accused No.5 is without substance.

Accordingly, the criminal petition was allowed.

 

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JUDGEMENT REVIEWED BY NIDHI KUMAR

 

 

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