CHETAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition praying for quashing the complaint bearing No.62- 25515/13 dtd. 31/5/2014 (Annexure P-1) instituted by respondent No.2 against the petitioner on the allegations of adultery. The petitioner has also prayed for quashing the order dtd. 17/5/2016 (Annexure P-3) whereby, he has been summoned to face trial in the complaint under Sec. 497 of IPC and the order dtd. 19/9/2017 (Annexure P-5), whereby, his revision against that order has been dismissed.

(2.) The complaint was filed under Ss. 420, 497, 506/34 IPC. The learned JMIC Amritsar vide order dtd. 17/5/2016 found sufficient ground to proceed against the petitioner only for the offence under Sec. 497 IPC. The complaint under Sec. 420, 506/34 IPC was dismissed.

(3.) Learned counsel for the petitioner has contended that Hon'ble Supreme Court in Joseph Shine vs. Union of India, 2018 (11) Scale 556 has struck down Sec. 497 of the Indian Penal Code as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution. As per the decision of Hon'ble Supreme Court in Maj. Genl. A.S.Gauraya and another vs. S.N.Thakur and another, (1986) 2 SCC 709, a declaration of law by the Supreme Court applies to all pending proceedings even with retrospective effect. In view thereof, it is contended that the complaint and the subsequent proceedings against the petitioner for offence under Sec. 497 IPC are liable to be quashed.