SHILPA S. C. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The First Information Report is lodged by the 2nd respondent alleging that she is the legally wedded wife of accused No.1 and she was subjected to cruelty by accused No.1 to 4 and the accused No.5 - petitioner is having illicit relationship with her husband.

(2.) The police registered FIR for the offence punishable under Sec. 498-A, 506, 504 and 34 of IPC and Sec. 3 and 4 of Dowry Prohibition Act. Taking exception to the same, the petitioner - accused No.5 has filed this petition.

(3.) Learned counsel for the petitioner submits THE that only allegation against the petitioner - accused No.5 is that, she is having illicit relationship with accused No.1 who is her legally wedded husband. Hence, the allegation made against the petitioner - accused No.5 does not constitute the commission of the offences alleged against the petitioner. Hence, the registration of the FIR for the aforesaid offences is impermissible.