High Court Allows Criminal Petition -- Quashes Charges Under Section 498A IPC and Dowry Prohibition Act Against Paramour -- Petitioner Granted Relief for Offences

Sub Category: Karnataka High Court Bench: BENGALURU

RB Sharma

2026-03-01 13:18:34

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Case Note & Summary

The petitioner, filed a criminal petition under Section 482 CrPC to quash the charge sheet against her in C.C. No. 25/2025, where she was Accused No. 5, alleged to be a paramour of the husband of the complainant. The charges included offences under Sections 498A, 323, 504, 506 IPC and Sections 3, 4, 6 of the Dowry Prohibition Act, 1961. The court held that Section 498A IPC and the DP Act do not apply to paramours, as they are not within the statutory definitions. also it found that allegations under Sections 323, 504, and 506 IPC, involving physical assault, intentional insult, and criminal intimidation not made out. The petition was allowed, quashing proceedings

Headnote

Criminal Law-- Code of criminal Procedure, 1973-- Section 482 -- Indian Penal Code, 1860-- Sections 498A, 323, 504, 506- Dowry Prohibition Act, 1961-- Sections 3, 4 and 6-- Quashing -- Offence u/s 498A, 323, 504, 506 of IPC and U/s 3, 4 and 6 of Dowry Prohibition Act-- Charge sheet-- -- Petitioner was accused no.5 Prayed for quashing of proceedings-- Petitioner was alleged to be a paramour of original accused no.5 who was husband of complainant-- Illicit relationship between petitioner and accused no.1 who happened to be a husbnad of complainant/respondent no.2-- Question as to maintainability of complaint u/s 498A of IPC against paramour?-- Answer in Negative-- Petitioner was alleged paramour and not a family members of husband-- Total stranger, a neighbour or a paramour cannot be drawn into the web of crime for offences punishable u/s 498A of IPC-- Case of Dechamma I.M (Supra) referred-- None of ingredients of sections 503, 504 and 506 of IPC satisfied-- Section 323 of IPC not attracted as no wound certificate which would indicate that the petitioner had assaulted the complainant-- Proceedigns qua petitioner quashed-- Petition allowed

Para-- 10, 11, 12, 13

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Issue of Consideration: The Issue of Consideration was whether the criminal proceedings against the petitioner, who is alleged to be a paramour, under Sections 498A, 323, 504, 506 of the IPC and Sections 3, 4, and 6 of the Dowry Prohibition Act, 1961, should be quashed

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Final Decision

The petition was partly allowed. The proceedings under Section 498A IPC and the Dowry Prohibition Act, 1961 were quashed. The petition was dismissed in respect of offences under Sections 323, 504, and 506 IPC, allowing the trial to proceed on those charges.

2026 LawText (KAR) (01) 29

Criminal Petition No. 3940 of 2025

2026-01-21

M. Nagaprasanna J.

HC-KAR NC: 2026:KHC:3366

Sri. Sudharshan L. for Petitioner, Sri. Vinay Mahadevaiah for Respondent No. 1, Sri. Sharath S Gowda for Respondent No. 2

Aishwarya G D/O.S.Guruswamy

State of Karnataka, Mrs.R.V.Harshitha W/O.Mr.Raghul Selvam

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Nature of Litigation: Criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of charge sheet

Remedy Sought

Petitioner sought to quash the charge sheet in C.C. No. 25/2025 for offences under Sections 498A, 504, 506 read with Section 34 IPC and Sections 3, 4, 6 of the Dowry Prohibition Act, 1961

Filing Reason

Petitioner, Accused No. 5 and alleged paramour, challenged the registration of crime and charge sheet as unsustainable in law

Previous Decisions

Charge sheet filed by police after investigation in Crime No. 13/2024, pending before the VII Additional Senior Civil Judge and JMFC, Mysuru

Issues

Whether proceedings under Section 498A IPC and the Dowry Prohibition Act, 1961 can be sustained against a paramour Whether allegations under Sections 323, 504, and 506 IPC require trial or should be quashed

Submissions/Arguments

Petitioner's counsel argued that a paramour cannot be charged under Section 498A IPC or the Dowry Prohibition Act Complainant's counsel contended that offences under Sections 323, 504, and 506 IPC are made out against the petitioner State counsel supported the complainant's submissions on the relationship and allegations

Ratio Decidendi

Section 498A IPC does not apply to paramours as they are not within the definition of 'husband'. The Dowry Prohibition Act, 1961 does not cover paramours. However, specific allegations of physical assault, intentional insult, and criminal intimidation under Sections 323, 504, and 506 IPC require a trial as they involve factual determinations.

Judgment Excerpts

The learned counsel appearing for the petitioner would vehemently contend that the Accused No.5 is allegedly said to be a paramour, who cannot be drawn into the web of proceedings under Section 498A of the IPC and any other offence The learned counsel appearing for the complainant submits that though Section 498A of the IPC cannot be filed against a paramour or even the offences under the Dowry Prohibition Act, the other offences under Sections 323, 504 and 506 of the IPC are clearly met against the petitioner The accused no.5, the present petitioner is admittedly a stranger who is said to be a paramour of the accused No.1 - husband

Procedural History

Complaint registered by Respondent No. 2 leading to Crime No. 13/2024 -- Police investigation and filing of charge sheet in C.C. No. 25/2025 -- Petitioner filed Criminal Petition No. 3940 of 2025 under Section 482 CrPC -- Court heard arguments and passed order partly allowing the petition