sentence of the petitioner under Sections 448 and 497 of
the Indian Penal Code ( IPC hereunder) passed by the Sub-Divisional
Judicial Magistrate ... that you
thereby committed an offense punishable u/s 497 of the
Indian Penal Code and within the cognizance of this
court.
And I hereby
Cr.P.C. invoking its inherent jurisdiction for quashing of FIR
No.509 dated 27.07.2020, under Sections 323 / 328 / 34 / 342 / 497 / 498-A IPC ... Section 497 IPC has been deleted and 307 IPC added later on in the challan
report, however, charges were framed
case i.e.Compt. Case No.715 of 2002 which was under 497 I.P.C
was dismissed on the ground prima-facie no case ... made out against the petitioner
under section 497 I.P.C. The second Case i.e. Compt. Case No.644 of 2002 (which
Charge Sheet is also filed for the offence under Section 497 IPC.
However as the Hon'ble Apex Court struck down Section ... 497 IPC as
unconstitutional in the case of Joseph Shine Vs Union of India [2019
Dr.GRR,J
5 CrlP
Panchkula vide which the petitioner has been convicted under Section 497
IPC and sentenced to undergo for a period of one year ... dated August 13, 2015 upholding his
conviction and sentence under Section 497 IPC.
Feeling disheartened, the petitioner has approached this Court
challenging
time of framing charges whether the provisions of Section 497 IPC are attracted against the petitioner after considering law laid to the effect ... that a woman cannot be charged for the offence under Section 497 IPC.
Needless to say that if such an argument is raised
Panchkula vide which the petitioner has been convicted under Section 497
IPC and sentenced to undergo for a period of one year ... dated August 13, 2015 upholding his
conviction and sentence under Section 497 IPC.
Feeling disheartened, the petitioner has approached this Court
challenging
kill him.
Learned counsel has argued that as regards section 497 IPC, a
woman can never be accused thereof. That ... offence under
Section 497 IPC is obviously against the non-petitioner-accused. Learned
SUNITA NAGPAL
2014.08.14 16:01
I attest to the accuracy
exception of 'adultery' as defined under Section
497 IPC. At this juncture, we may refer to the
decision given by this
treating
the same as FIR under Section 156(3) of the Code of Criminal
Procedure by presenting himself on dock and thereafter taking
3
cognizance ... been made
accused in connection with offence under Sections 366 , 439 , 497
IPC whereupon Contai P.S. case
