against the petitioner for
commission of the Offence under Section 497 of
Indian Penal Code being non-cognizable
offence, without taking any Order from ... section 198 of the
Code of Criminal Procedure, the Magistrate is
debarred from taking cognizance for the offence
under section 497 of the Indian Penal
fact that complaint u/s 200
Cr.P.C. has been filed by the revisionist for commission of offence u/s 497
... such inference prima facie, can be drawn. Mere mentioning of section 497
IPC in the title of the complaint, is not sufficient. Therefore
under Section 173(2) of Cr.P.C. Such
an exercise would be clearly beyond the purview of Sections 154
and 156 of ... under Sections 417 , 465 , 468
and 471 of IPC could be consistent with the allegations of offence
punishable under Sections 306 , 497
under Section 325 IPC, which relates to punishment for voluntarily
causing grievous hurt as well as the Section under Section 498-A IPC ... petitioner on the informant/opposite party No. 2. With
regard to Section 497 IPC, the same relates to adultery and it is settled
learned counsel for the petitioner submitted that for offence
under Section 497 IPC, an FIR cannot be registered ... Sections 294(b) and
506(i) IPC. Therefore, the First Information Report is quashed only with
regard to the offence under Section 497
Section 198 Cr. P. C. and therefore, he was not competent to lodge
the complaint.
5. Section 497 of Indian Penal Code defines adultery ... complaint case against the respondent Sumit Bhushan for the offence
under Section 497 IPC in accordance with law.
The revisionist shall appear before
Indian Penal
Code and and Section 198(2) of the Criminal Procedure Code.
The said provisions read as under:
Signature Not Verified
“497. Adultery.—Whoever ... thereafter observed:
WP(Crl.)No.194/17 4
“5. Section 497 of the Indian Penal Code
and Section 198(1) read with Section
3513 of 2016) registered under Sections
493 / 366 / 363 / 498 / 497 / 347 / 344 / 34 of the Indian Penal Code.
Heard learned counsel appearing ... petitioner further submitted that at
best an offence punishable under Section 497 IPC is made out which is
bailable in nature. Hence
Section 5 sub Section 2
(c), Section 6 sub Section 2 (e) (f) and Section 10 sub Section 3
does not provide for nay procedure ... also the fact that the
petitioner has been convicted under Section 497 of IPC under the
learned court below.
Consequently, the present misc
Ebenezer, against whom the husband has
lodged a complaint u/s 497 of the Penal
Code. Accordingly, we quash that ... respondent wants to
continue with the private complaint alleging offence under
Section 497 IPC. Following the guidelines given by the Apex
Court
