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Pardeep Sharma   17 October 2019

497 quash

how to quash FIR lodge against me under sec 497? The complaint was lodged in 2015 and the case is still going on? Is there any provision to quash it?


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 4 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 October 2019

Section 497 (adultery) of IPC was repealed by the Supreme Court in Septemebr 2018. All cases under the section will automatically lapse after the Supreme Court verdct.

G.L.N. Prasad (Retired employee.)     17 October 2019

Legally it is not clear whether the section is prospective or retrospective, as many cases were pending before that repeal.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 October 2019

The reason for the repeal is that it is against the Constitution of India. It means that 497 is ineffective from 26th January, 1950. The only question now is what about cases decided between 26-01-1950 and 26-09-2018. Let the affected parties go to court and get orders.

1 Like

P. Venu (Advocate)     18 October 2019

You can make an application for discharge based on the Supreme Court Judgment. 


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