applicant that this Court
has undoubtedly proceeded to find Section 497 of
the Indian Penal Code, 1860 (hereinafter referred
to as ‘ IPC ... Section 497 IPC
and Section 198 (2) of the Code of Criminal
Procedure, 1973 (hereinafter referred to as
‘ Cr.P.C .’ for brevity
applicant that this Court
has undoubtedly proceeded to find Section 497 of
the Indian Penal Code, 1860 (hereinafter referred
to as ‘ IPC ... Section 497 IPC
and Section 198 (2) of the Code of Criminal
Procedure, 1973 (hereinafter referred to as
‘ Cr.P.C .’ for brevity
discussion, and
the anomalies in Section 497 , as enumerated
in para 11 above, it is declared that:
282.1 Section 497 is struck down as
unconstitutional ... Indian
Penal Code shall be unconstitutional only to
the extent that it is applicable to the offence
of Adultery Under Section 497 .
282.3 The decisions
petitioner/defacto
complainant. Further, as far as offence under Section 497 IPC is
concerned, the Hon’ble Supreme Court of India struck down ... Supreme Court has struck
down the provision of Section 497 IPC. As far as the offence under
Section 294(b) IPC
learned Magistrate is erroneous. Learned counsel
further submits that Section 497 IPC had been struck down by the Hon'ble
Supreme Court ... offence of Section 506(i) or 75(1)(c) of the Act.
7. As regards the offence under Section 497 IPC
filed for the offence punishable under
Section 497 of the Indian Penal Code against the petitioner.
It is further submitted that opposite party ... filed a Complaint Case
alleging the offence punishable under Section 497 of the Indian Penal Code against
the petitioner alleging therein that the petitioner
required of the convict-appellant in her
statement under Section 313 Cr.P.C.
34. A perusal of various judgments15 rendered by this Court
reveals ... over time when
considering such statements.
14
In striking down Section 497 IPC, the Constitution Bench in Joseph Shine v Union of India
contended that the provisions of
Section 354C of IPC and Sections 506 , 201 of IPC will not
attract. There ... said
to be committed rape under Section 376 and an unnatural
offence under Sections 497 , 498 of IPC. But the trial Court
disagreed
under Sections 497 , 324 , 307 and 302 of the Indian
Penal Code read with 34 of the Indian Penal Code , where
investigation of the case ... trial,
acquitted appellant/convict from the charge of Section 497 of
the Indian Penal Code, but convicted under Section 302 with aid
of Section
setting, with the exception of `adultery' as defined under Section 497 IPC. At this juncture, we may refer to the decision given ... brother had filed a criminal complaint accusing her husband of offences under Sections 366 and 368 IPC, thereby leading to the commencement
