top of page
Sec 498-A IPC charge not maintainable against woman alleged to be in illicit relationship with complainant's husband
Shilpa S C Vs State of Karnataka
CRIMINAL PETITION NO. 2743 OF 2017
About/from the judgment:
The 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 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.
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."
Read the Judgment
Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!