ipc ,494,497,
Querist :
Anonymous
(Querist) 16 February 2010
This query is : Resolved
Husband has filed complaint against his wife as accused no.1 and Mr.X asacused for the offences u/s 494 and 497.On report of IO,the court came to conclusion that accused no.1 is discharged but summons be issued against Mr>X that primafacie case is made out. So my question is that when wife of the complainant is discharged,whether complaint against Mr. X is maintainable.? If not where to go to quash the complaint ?
Guest
(Expert) 16 February 2010
pls mention the facts of the casein brief. on what ground the court discharged the wife(accused no.1).
because. court can only discharge husband or wife in the offences of sec, 494 IPC when there is no evidence on record to prove the second marriage.
so far as section 497 IPC is concerned, its related to the offence of Asultry. in such offence the wife is not co-accused.
complaint against Mr X under section 497 is maintainable. but not in section 494 IPC
Guest
(Expert) 17 February 2010
Wife is held not liable for adultery even when she is an abettor. Only the man who involved in adultery is punished under Sec 497.
But you need to explain some brief facts about the case
