adverting to the constitutional validity of Section 497 of the
Indian Penal Code ( IPC ) and Section 198 of the Code of Criminal
Procedure ... Court
noted that:-
“Prima facie, on a perusal of Section 497 of
the Indian Penal Code, we find that it grants
relief to the wife
Magistrate took cognizance of the offences punishable under
Sections 494, 497 read with Section 34 IPC vide order
dated 08.05.2017.
3. The petitioners ... Section 198(1) Cr.P.C.
Hence, the order passed by the trial Court, taking cognizance of the
offence punishable under Section 497 IPC
amount to an offence under Section 498-A IPC and is an
offence under Section 497 IPC ... provisions of Section 198 Cr.P.C. no
Court shall take cognizance of an offence punishable under
Section 497 IPC except
conviction
under Section 376(2)(g) read with Section 120-B IPC in alternate
Section 107 and Section 306 IPC cannot ... under Section 376(2)(g) read with
Section 120-B IPC in alternate Section 107 IPC and Section 306
IPC
conviction
under Section 376(2)(g) read with Section 120-B IPC in alternate
Section 107 and Section 306 IPC cannot ... under Section 376(2)(g) read with
Section 120-B IPC in alternate Section 107 IPC and Section 306
IPC
amount to an offence under Section 498-A IPC and is an
offence under Section 497 IPC ... provisions of Section 198 Cr.P.C. no
Court shall take cognizance of an offence punishable under
Section 497 IPC except
complainant. Hence, the
offence under Section 498A has no application.
b) The offence under Section 497 IPC is concerned, he would argue ... accused. Only
A1 will be liable for punishment under Section 497 IPC if the adultery
charge is established.
c) Then, with regard
complainant. Hence, the
offence under Section 498A has no application.
b) The offence under Section 497 IPC is concerned, he would argue ... accused. Only
A1 will be liable for punishment under Section 497 IPC if the adultery
charge is established.
c) Then, with regard
committed an offence punishable under Section 494 IPC.
The allegations pertaining to the offence punishable under Section
497 IPC are made ... petitioners submits that so far
as the allegations pertaining to Section 497 IPC are concerned, it
can no longer be continued in view
Sections 494 , 495
& 496 IPC and also it appears Section 497 IPC made cognizable.
Though the Central Government proposed ... IPC are only amended making as cognizable while
retaining Section 493 IPC as non-cognizable equally Sections 497 &
498 IPC
