Petitioner sought quashing of private complaint alleging adultery. Court allowed petition and quashed proceedings for adultery offence as Section 497 IPC was rendered unconstitutional by Supreme Court.
Quashed proceedings in PCR No.13146/2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.P. No.3586 OF 2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2020
BEFORE
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.3586 OF 2020
BETWEEN:
GAURAV RAJENDRA MITTAL S/O LATE RAJENDRA KUMAR MITTAL AGED ABOUT 40 YEARS R/AT 1132, SHREE VAISHNAVI NIWAS 17TH CROSS, 9TH MAIN NEAR STATE BANK OF MYSORE H.S.R.LAYOUT, SECTOR-7 BANGALORE-560102 ... PETITIONER
(BY SRI.GOVINDARAJU. L, ADVOCATE)
AND:
SAKSHI MITTAL D/O GOVINDRAM GOYAL AGED ABOUT 35 YEARS R/AT FLAT NO.104 V2 NIRVIK APARTMENT 13TH CROSS ROAD, SECTOR-5 HSR LAYOUT, BANGALORE-560034 ... RESPONDENT
(BY SRI. ABHIKESH.J, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C, PRAYING TO QUASH THE COMPLAINT AND PROCEEDINGS IN PCR.NO.13146/2017 (ANNEXURE-A AND B) FILED BY THE RESPONDENT UNDER SECTION 417, 426, 497 OF IPC PENDING ON THE FILE OF THE 45TH A.C.M.M., COURT, AT BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THROUGH VIDEO CONFERENCE THE COURT MADE THE FOLLOWING:
CRL.P. No.3586 OF 2020
2
ORDER
UNION OF INDIA reported in (2019) 3 SCC
CRL.P. No.3586 OF 2020
3
39 has struck down Section 497 of IPC as unconstitutional hereby decriminalizing adultery on the grounds that it violates Articles 14, 15 and 21 of the Constitution. Relevant Paras 282.1, 282.2 and 282.3 reads as under:
CRL.P. No.3586 OF 2020
4
now no longer an offence, the petition requires to be allowed.
Sd/JUDGE
Prs*
3 issues framed by the court
Whether pending proceedings for adultery under Section 497 IPC can continue after the section was struck down as unconstitutional.
Whether a complaint filed under Section 497 IPC should be quashed following declaration of unconstitutionality.
Whether Section 198(2) Cr.P.C. remains applicable to adultery offences post Joseph Shine judgment.
Colour shows how this judgement treated each authority
JOSEPH SHINE VS UNION OF INDIARelied on¶21
JOSEPH SHINE VS UNION OF INDIA reported in (2019) 3 SCC 39 · Who else cites this
Sowmithri VishnuDistinguished¶28
Sowmithri Vishnu
5 provisions across 3 enactments
GAURAV RAJENDRA MITTAL
SAKSHI MITTAL
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
