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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Anuj Sharma, S/o. Shri D.D. Sharma – Appellant
Versus
State of Rajasthan through PP – Respondent
JUDGMENT :
ANAND SHARMA, J.
1. The petitioner has preferred this criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.') seeking quashing of order dated 20.02.2017 passed by the Court of Metropolitan Magistrate No. 14, Jaipur Metropolitan (hereinafter to be referred as 'the trial court'), whereby cognizance was taken against him for the offence punishable under Section 497 of the Indian Penal Code (hereinafter to be referred as ' IPC '), and order dated 20.11.2018 passed by the Court of Additional Sessions Judge, Women Atrocities Cases No. 2, Jaipur Metropolitan (hereinafter to be referred as 'the revisional court'), whereby revision petition filed by the petitioner against the cognizance order was dismissed.
2. The brief facts leading to filing of the present petition are that the marriage of Respondent No. 2-the complainant was solemnized on 09.04.2000 with Smt. Purnima @ Neetu. Two children were born out of their wedlock. The complainant lodged a complaint before the trial court alleging that his wife, who was working as a teacher at Saint Soldier School, Jaipur, had developed physical relations with the
Section 497 IPC's unconstitutionality applies retrospectively, nullifying prosecutions based on it, to safeguard constitutional rights and prevent legal abuse.
The central legal point established in the judgment is the unconstitutionality of Section 497 of the Indian Penal Code as declared by the Supreme Court, which rendered the petitioner's conviction and....
The court affirmed that Section 258 Cr.P.C. applies only to summons cases, and once cognizance is taken under Section 494 IPC, it cannot be quashed without merit.
The High Court can quash non-compoundable offences under Section 482 when the parties amicably settle their dispute and continuation of proceedings would cause extreme injustice.
The court ruled that proceedings under Section 497 IPC cannot continue as it was declared unconstitutional, leading to the quashing of the High Court's order.
The High Court can quash criminal proceedings in matrimonial disputes if the parties have divorced and the informant does not wish to proceed, to prevent abuse of process and serve the ends of justic....
Inherent powers under Section 482 Cr.P.C. may be exercised to quash criminal proceedings if extraordinary circumstances arise, such as marriage between accused and victim, even in serious non-compoun....
Point of law : The rule of construction laid down in Section 8 of the General Clauses Act, 1897 also requires that reference to the repealed enactment made in any instrument be construed as reference....
The court's decision emphasized the importance of ensuring that criminal proceedings are not manifestly attended with mala fides and are not maliciously instituted with an ulterior motive for wreakin....
The main legal point established in the judgment is the need for proper investigation and the cautious exercise of inherent jurisdiction under Section 482 of CrPC. The Court emphasized that interfere....
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