Case Note & Summary
The petitioner, filed a criminal petition under Section 482 CrPC to quash the charge sheet against her in C.C. No. 25/2025, where she was Accused No. 5, alleged to be a paramour of the husband of the complainant. The charges included offences under Sections 498A, 323, 504, 506 IPC and Sections 3, 4, 6 of the Dowry Prohibition Act, 1961. The court held that Section 498A IPC and the DP Act do not apply to paramours, as they are not within the statutory definitions. also it found that allegations under Sections 323, 504, and 506 IPC, involving physical assault, intentional insult, and criminal intimidation not made out. The petition was allowed, quashing proceedings
Headnote
Criminal Law-- Code of criminal Procedure, 1973-- Section 482 -- Indian Penal Code, 1860-- Sections 498A, 323, 504, 506- Dowry Prohibition Act, 1961-- Sections 3, 4 and 6-- Quashing -- Offence u/s 498A, 323, 504, 506 of IPC and U/s 3, 4 and 6 of Dowry Prohibition Act-- Charge sheet-- -- Petitioner was accused no.5 Prayed for quashing of proceedings-- Petitioner was alleged to be a paramour of original accused no.5 who was husband of complainant-- Illicit relationship between petitioner and accused no.1 who happened to be a husbnad of complainant/respondent no.2-- Question as to maintainability of complaint u/s 498A of IPC against paramour?-- Answer in Negative-- Petitioner was alleged paramour and not a family members of husband-- Total stranger, a neighbour or a paramour cannot be drawn into the web of crime for offences punishable u/s 498A of IPC-- Case of Dechamma I.M (Supra) referred-- None of ingredients of sections 503, 504 and 506 of IPC satisfied-- Section 323 of IPC not attracted as no wound certificate which would indicate that the petitioner had assaulted the complainant-- Proceedigns qua petitioner quashed-- Petition allowed
Para-- 10, 11, 12, 13
Issue of Consideration
The Issue of Consideration was whether the criminal proceedings against the petitioner, who is alleged to be a paramour, under Sections 498A, 323, 504, 506 of the IPC and Sections 3, 4, and 6 of the Dowry Prohibition Act, 1961, should be quashed
Final Decision
The petition was partly allowed. The proceedings under Section 498A IPC and the Dowry Prohibition Act, 1961 were quashed. The petition was dismissed in respect of offences under Sections 323, 504, and 506 IPC, allowing the trial to proceed on those charges.
Law Points
- Section 498A of the Indian Penal Code
- 1860 (IPC) cannot be invoked against a paramour
- The Dowry Prohibition Act
- 1961 (DP Act) does not apply to paramours
- Inherent powers under Section 482 of the Code of Criminal Procedure
- 1973 (CrPC) can be exercised to quash proceedings when no offence is made out
- The definition of 'husband' under Section 498A IPC does not extend to paramours
- Charges under Sections 323
- 504
- and 506 IPC require specific allegations of physical assault
- intentional insult
- and criminal intimidation
Case Details
2026 LawText (KAR) (01) 29
Criminal Petition No. 3940 of 2025
Sri. Sudharshan L. for Petitioner, Sri. Vinay Mahadevaiah for Respondent No. 1, Sri. Sharath S Gowda for Respondent No. 2
Aishwarya G D/O.S.Guruswamy
State of Karnataka, Mrs.R.V.Harshitha W/O.Mr.Raghul Selvam
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Nature of Litigation
Criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of charge sheet
Remedy Sought
Petitioner sought to quash the charge sheet in C.C. No. 25/2025 for offences under Sections 498A, 504, 506 read with Section 34 IPC and Sections 3, 4, 6 of the Dowry Prohibition Act, 1961
Filing Reason
Petitioner, Accused No. 5 and alleged paramour, challenged the registration of crime and charge sheet as unsustainable in law
Previous Decisions
Charge sheet filed by police after investigation in Crime No. 13/2024, pending before the VII Additional Senior Civil Judge and JMFC, Mysuru
Issues
Whether proceedings under Section 498A IPC and the Dowry Prohibition Act, 1961 can be sustained against a paramour
Whether allegations under Sections 323, 504, and 506 IPC require trial or should be quashed
Submissions/Arguments
Petitioner's counsel argued that a paramour cannot be charged under Section 498A IPC or the Dowry Prohibition Act
Complainant's counsel contended that offences under Sections 323, 504, and 506 IPC are made out against the petitioner
State counsel supported the complainant's submissions on the relationship and allegations
Ratio Decidendi
Section 498A IPC does not apply to paramours as they are not within the definition of 'husband'. The Dowry Prohibition Act, 1961 does not cover paramours. However, specific allegations of physical assault, intentional insult, and criminal intimidation under Sections 323, 504, and 506 IPC require a trial as they involve factual determinations.
Judgment Excerpts
The learned counsel appearing for the petitioner would vehemently contend that the Accused No.5 is allegedly said to be a paramour, who cannot be drawn into the web of proceedings under Section 498A of the IPC and any other offence
The learned counsel appearing for the complainant submits that though Section 498A of the IPC cannot be filed against a paramour or even the offences under the Dowry Prohibition Act, the other offences under Sections 323, 504 and 506 of the IPC are clearly met against the petitioner
The accused no.5, the present petitioner is admittedly a stranger who is said to be a paramour of the accused No.1 - husband
Procedural History
Complaint registered by Respondent No. 2 leading to Crime No. 13/2024 -- Police investigation and filing of charge sheet in C.C. No. 25/2025 -- Petitioner filed Criminal Petition No. 3940 of 2025 under Section 482 CrPC -- Court heard arguments and passed order partly allowing the petition
Acts & Sections
- Indian Penal Code, 1860: Section 498A, Section 323, Section 504, Section 506, Section 34
- Dowry Prohibition Act, 1961: Section 3, Section 4, Section 6
- Code of Criminal Procedure, 1973: Section 482
