Karnataka High Court: Hemant Chandangoudar J. quashed the FIR against accused 5 being the woman who had illicit relations with the husband of the complainant, for the offence punishable under Section 498-A Penal Code, 1860 (‘IPC').
An FIR was filed by R2, being the legally wedded wife of accused 1 (‘the husband') for the offence punishable under Section 498-A, 506, 504 and 34 of IPC and Section 3 and 4 of Dowry Prohibition Act, 1961. The FIR was filed against accused 1 to 4 being family members of the husband and accused 5 being the woman alleged of having illicit relations with the husband.
Counsel for accused 5, in this case being the petitioner, submitted that the allegation made against the petitioner does not constitute the commission of the offences alleged and therefore, the registration of the FIR for the aforesaid offences was impermissible.
The Court noted that the only allegation against the petitioner — accused 5 is that she is having an illicit relationship with the accused 1 who is the husband of the respondent 2- complainant. Thus, the Court held that “this allegation does not constitute the commission of the offences alleged against the petitioner — accused 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 5 is without any substance.”
[Shilpa SC v. State of Karnataka, Criminal Petition No. 2743 of 2017, decided on 02-06-2022]
Advocates who appeared in this case :
Nagaraj G., Advocate, for the petitioner;
S. Vishwamurthy, Advocate, for R1;
Babu Reddy, Advocate, for R2.
*Arunima Bose, Editorial Assistant has reported this brief.
