ORDER :

1. This is a petition filed under Section 482 of the Code of Criminal Procedure (‘Cr.P.C.’ for short) to quash all the further proceedings in C.C. No. 301/2022 on the files of JFCM, Malappuram arising out of Crime No. 593/2004 of Kondotty Police Station, Malappuram District.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the records available.

3. In this case, the prosecution alleges commission of offence under Section 497 of Indian Penal Code (for short “IPC”) by the accused.

4. The learned counsel for the petitioner argued that in the decision reported in Joseph Shine vs. Union of India, (2019) 3 SCC 39, the Apex Court held that Section 497 of IPC and Section 198 of Cr.P.C. are unconstitutional and in the decision reported in Joseph Shine vs. Union of India, (2003) 5 Supreme 154 : 2003 (0) Supreme (SC) 642 the Apex Court clarified that insofar as the said offences, members of Armed Forces have their own sets of law.

5. It is also pointed out that this Court also considered the legal impact of the decision in Joseph Shine (Supra) in Sadasivan S/o Raghavan Nair vs. State of Kerala, 2019 (4) KLT 60 and held that ratio therein