IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.7677 OF 2018 BETWEEN:
SRI RAVIKUMAR.M.T. S/O THAMMANNAGOWDA AGED 61 YEARS SHIRAGURU VILLAGE AREHALLI HOBLI TALUK: BELUR DIST: HASSAN-573115.
…PETITIONER (BY SRI VEERANNA G. TIGADI, ADVOCATE) AND:
1. SRI SAMARTH RAJ SHANKAR S/O LATE M. SHANKAR AGED 41 YEARS SHIRAGURU VILLAGE AREHALLI HOBLI TALUK: BELUR DISTRICT: HASSAN – 573115.
2. STATE OF KARNATAKA REP BY SUB-INSPECTOR OF POLICE AREHALLI POLICE STATION TALUK:BELUR – 573115 DISTRICT: HASSAN REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BENGALURU – 560001.
…RESPONDENTS (BY SMT K.P. YASHODHA – HCGP FOR R-2; SRI J. ARAVIND BABO ADVOCATE FOR R-1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 04.07.2018 BY THE LEARNED CIVIL JUDGE AND JMFC, BELUR REFERRING THE COMPLAINT OF RESPONDENT NO.1 TO THE CPI, BELUR CIRCLE FOR INVESTIGATION REPORT IN AREHALLI POLICE STATION CRIME NO. 277/2018 REGISTERED UNDER PCR NO. 34/2018 AND CONTINUATION OF THE INVESTIGATION AND BY QUASHING FURTHER PROCEEDINGS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER First respondent filed a private complaint registered as PCR No.34/2018 alleging that his wife Chaitra had committed adultery by having physical relationship with petitioner – accused. By order dated 04.07.2018 learned Magistrate referred the case for investigation. Accordingly, FIR No.277/2018 was registered in Arehalli Police Station on 08.07.2018.
2. Sri Veeranna G.Tigadi, learned Advocate for the petitioner placing reliance on a ruling of the Hon’ble Supreme Court reported in AIR 2018 SC 4898 (Joseph Shine vs. Union of India) contended that Section 497 has been held unconstitutional.
3. Learned Advocate for the complainant and learned HCGP do not dispute the submissions of learned Advocate for the petitioner.
4. The Hon’ble Supreme Court of India has held Section 497 of IPC as ultra vires and unconstitutional.
In the circumstances, this petition merits consideration and it is accordingly allowed. Consequently, the proceedings in PCR No.34/2018 on the file of Civil Judge and JMFC, Belur, are quashed.
No costs.
Sd/-
JUDGE DKB