Early Times Report
JAMMU, Dec 1: In a significant legal development, Justice Wasim Sadiq Nargal of the Jammu and Kashmir High Court has stayed the order of a Magistrate directing the registration of an FIR for adultery, despite the offense being declared ultra vires by the Supreme Court. The decision comes in response to a petition filed under Section 482 Cr.P.C, seeking the quashing of the Magistrate's order.
The case involves a complaint titled "Mrs. X vs. Mr. X & Ors." filed by Respondent No. 3, who is the estranged wife of Petitioner No. 2, an Army soldier. The petitioners, including a homemaker woman and a senior citizen, argued that they were falsely implicated in the complaint, which they claim is a counter blast to a criminal complaint previously filed by them against Respondent No. 3 and others. The earlier complaint alleged offenses under Sections 312/315/379/120 B/34 IPC and is still pending.
Advocate Aseem Sawhney, representing the petitioners, contended that the impugned order was a result of non-application of mind, especially concerning the offense of adultery (Section 497 IPC), which has been declared ultra vires by the Constitution of India. He argued that even in non-cognizable offenses like adultery, no FIR could be registered, making the Magistrate's order legally untenable.
Justice Nargal, after hearing the arguments, observed that a prima facie case for interim relief was made out and issued notices to the respondents, returnable within four weeks. The court directed the relevant record to be summoned for perusal and, subject to objections, stayed the impugned order along with consequential proceedings until the next hearing.
The case highlights the complexities arising from the legal status of adultery and raises questions about the proper application of legal principles in such matters. The interim stay provides temporary relief to the petitioners, and further proceedings will determine the legal merits of the case. |
