W.Kalyani Vs. State Tr. Inspector of Police
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Head Note
Indian Penal Code,1860 - Section 498-A , Section 386 , Section 341 , Section 34
High Court quashed proceedings arising from a criminal complaint in respect of accused nos. 5, 6 and 9 but declined of accused No.8 in complaint - Complaint against nine accused u/S- 498-A, 386, 341 r/w Section 34 IPC - Accused no. 1 husband and accused no.2, mother-in-law Accused No.3 younger brother of husband and accused No.9 is his wife Accused No.4 is maternal uncle of husband of complainant Accused No.6 and accused No.5 are husband and wife and they along with accused No.7 are said to be close friends of complainant's husband who actively participated in her marriage with her husband. Accused No.8, the appellant is described in complainant as girl friend of complainant's husband with whom he had illicit sexual relations - Complainant came in contact with accused No.1 through a matrimonial site on internet - Agreed to marry - After few days she was taken to Tirupati for `darasanam' of Lord Venkateswara accused No.8 also accompanied them - Further alleged her husband and accused No.8 moved together very freely as if they were spouses - Police after investigation submitted charge-sheet against all accused - In charge sheet different accused charged differently - So far as appellant is concerned she is charged u/S 341 and 497 IPC - wife cannot be punished even as an abettor - A woman makes her completely immune to the charge of adultery and she cannot be proceeded against for that offence - All allegations in complaint taken on their face value do not make out any case against accused - Proceedings against fit to be quashed - High Court was in error in not allowing quashing application - Order of High Court is set aside and proceedings quashed insofar as appellant accused No.8 is concerned - Appeal allowed.
Topic(s)-
Important Decision(s)- S. 341 & 497 of IPC - Wife cannot be punished even as an abettor.