complainant has filed a complaint alleging offence of
adultery u/s.497 of IPC and also alleged other offences
being committed by them ... that wife cannot be prosecuted for the offence
punishable under section 497 of IPC. Even if the entire
allegations made in the complaint
CrPC was
fully replaced in 1973, Section 198 continued to be on the
statute book. Even as of today, Section 497 IPC continues ... longer good law. We, therefore, declare that Section
497 of the Indian Penal Code, 1860 and Section 198 of
the Code of Criminal Procedure
Cr.P.C.
directs that no Court shall take cognizance of an offence
punishable under Chapter XX of the Indian Penal Code
except upon ... Cr.P.C. by aggrieved person namely husband of the
woman. Therefore, cognizance taken for the offence
punishable under Section 497
also against this
3
petitioner alleging offences under Sections 494 and 497
of I.P.C.
3. The learned Counsel strenuously contended that
even translating ... said decision
AIR 1988 SC 835 that :
8
" Section 497 of Penal Code is so designed
that a husband cannot prosecute the wife
IPC. So far as the offence
under section 497 IPC is concerned, it is held by the trial
court that ... sustainable.
11. However, conviction for the offence under
Section 497 of IPC is to be sustained because deceased
was a married woman
wherein the Apex Court observed that :
" Section 497 of Penal Code is so designed
that a husband cannot prosecute the wife for
defiling ... Section 497
as said by the Apex Court, neither the husband nor the
wife can be brought into the books under Section 497 of
India reported in AIR 2018 SC 4898
has held Section 497 of IPC is ultra vires the Constitution
of India and has struck ... allegations made for the offence punishable
4
under Section 497 of IPC and as such, entire proceedings
against the petitioner
registered against the accused for
the offence punishable under Section 497 of IPC.
4. Sri G.M.Bhat, the learned counsel for petitioner ... would submit that taking cognizance under Section 497
of IPC as the very section demonstrates that the wife
cannot be prosecuted under Section
complainant also alleged the offence punishable under
Sections 376 and 497 of IPC apart from Sections 406 and
420 of IPC ... 9579/2018, he has made so many allegations
including Sections 376 , 497 of IPC for having illicit
intimacy between the accused
offence punishable under ยน[ section 494 or
section 495 ] of the Indian Penal Code , 1860 (45
of 1860) is the wife, complaint may be made ... IPC
and left with only Section 109 or 114 of IPC , which is an
abatement or instigation for Section 497
