Indian Penal Code, 1860
Section 498A—Cruelty and harassment in connection with dowry demand—Petition to quash criminal proceedings—No specific allegation against petitioners for having committed the physical and mental harassment for demand of any dowry as per Explanation 1 to Section 498A of IPC—Entire grievance is against first accused-husband who is said to be having intimacy with ninth accused—Since the quarrel is between first accused and complainant, it is purely in respect of the complainant’s agitation against first accused, who is having affair with ninth accused—Ninth accused is not a family member or in-laws in order to implicate her under Section 498A of IPC—Proceeding against ninth accused cannot be sustainable for offence punishable under Section 498A or any other offences—Affairs between first and ninth accused is nothing but adultery, therefore, criminal case cannot be filed or FIR cannot be registered offence punishable under Section 497 of IPC in view of judgment of the Constitution Bench of the Apex Court in the case of Joseph Shine v. Union of India, 2019 (3) SCC 39—No material against first to eight petitioners for having committed any of offences or abatement of Section 498A of IPC as provision itself provides for prosecution against the in-laws or husband—Criminal proceedings against second to ninth accused are quashed—Petition allowed.
[Paras 33, 39 to 41]