IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.MC.No. 3641 of 2009() ------------------------- CC.1397/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S): ACCUSED NO.2 --------------------------- RANI @ SAROJINI, D/O. NARAYANAN NAMBIAR MAVILAVEEDU, RESIDING AT C/O. PARAMESWARAN, H.NO. 30/786, PUTHUKKALAVATTOM KOCHI-26. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): COMPLAINANT NO.1 ------------------------------- 1. KURIEN K.J. S/O. K.V.JOSEPH, KANJIRAMALAYIL THAIPARAMBU VEEDU, Y.M.J. ROAD, PALARIVATTOM KOCHI-25. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S HRITHIK SRI.SUNNY P MARKOSE FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J ----------------------- Crl.M.C No.3641 OF 2009 -------------------------------- Dated this the 19th day of May 2010 ORDER The petitioner is the second accused in C.C No.1397/2005 on the file of Judicial First Class Magistrate Court-I, Ernakulam. 2. The above case originates from Annexure A1 private complaint filed by second respondent herein alleging that the first accused, Abdul Majeed has committed adultery with the complainant's wife (the petitioner herein namely Rani @ Sarojini) and the first accused has thereby committed an offence punishable under Section 497 of Indian Penal Code. 3. The learned Magistrate after taking cognizance of the offence took the case on file as C.C No.1397/2005 and issued summons not only to the first accused (the alleged adulterer but also to the second accused who is the wife of the complainant. Since the petitioner did not respond to the summons, non-bailable arrest warrants are pending against her. 4. The offence of adultery punishable under Section 497 of Indian Penal Code can be committed only by the male offender against the wife of a person. The offence is against the Crl.M.C No.3641 OF 2009 Page numbers institution of marriage. Section 497 itself says that the wife shall not be punishable as an abbetter . The court below, Judicial First Class Magistrate Court – I, Ernakulam was therefore not justified in issuing summons to the petitioner herein who is none other than the wife of the complainant. The proceedings initiated as against the petitioner herein shall stand quashed. Warrants, if any, pending against the petitioner shall stand recalled. Sd/- V.RAMKUMAR JUDGE //True Copy// P.A to Judge vdv