Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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Karnataka HC reiterates The Court pointed out that a paramour of an accused cannot be dragged into proceedings under Section 498A of IPC as the said accused would not become a relative or a member of the family as is necessary under Section 498A of IPC
Karnataka High Court: The criminal petition filed under section 482 Criminal Procedure Code (CrPc) praying to quash the FIR and information dated 22-09-2022 preferred by the Respondent No.2 and registered by the Respondent No.1. The bench of M. Nagaprasanna, J.* opined that if further proceedings are permitted to be continued, it would become an abuse of process of law. The Court further stated that it is a settled position of law that a paramour of an accused cannot be dragged into proceedings under Section 498-A of Penal Code, 1860 (IPC). BACKGROUND The petitioners appeared before the Court to question the registration of a crime for the offences punishable under Sections 498-A, 323, 324, 307, 420, 504, 506 and 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Due to floundering of the relationship between a husband and wife whose marriage took place on 07-02-2022, the impugned crime came to be registered for the aforesaid offences family members of the husband.. As per the wife (complainant), Petitioner 1 in the instant case is a paramour of the husband who was named asaccused No.1in the abovementioned registration of crime.
The petitioners argued that without that any rhyme or reason, they were being drawn into the web of investigation. Whereas the complainant argued that the offences are grave and the summary of the charge sheet clearly indicates that Petitioner 1 is responsible for all the happenings in the life of accused No.1 and the family members. DECISION & ANALYSIS Perusing the matter, the Court noted that there was an affair between accused No.1 and Petitioner 1, and she was the husband’s paramour. The Court therefore, pointed out that the offence under Section 498-A of IPC against the Petitioner 1 tumbles down as it is settled that a paramour of an accused cannot be dragged into proceedings under Section 498-A of IPC as the said accused would not become a relative or a member of the family as is necessary under Section 498-A of IPC. The Court pointed out that since, the entire issue had sprung from the complaint, it is appropriate to notice the complaint in its entirety as it is germane to the lis.
Furthermore, The Court stated that if the other offences alleged are pitted against what is narrated in the complaint, none of the ingredients of any of the offences can be found against Petitioner 1 , as the other offences are ones under Sections 323, 324, 307, 420, 504 and 506 of IPC. The Court also stated that if further proceedings are permitted to be continued, it would become an abuse of process of law as the mother of Petitioner 1 has been unnecessarily dragged into the instant proceedings. Subsequently, the Court with thorough examination of all the pertinent facts related to instant case allowed the criminal petition and quashed the entire proceedings.
Case Title: Nandini Nallappan v State of Karnataka (Karnataka HC, decided on 12/06/2024)
