Jammu & Kashmir High Court stays Magistrate order to register FIR for adultery

The High Court of Jammu and Kashmir and Ladakh recently stayed a Jammu court order to register a First Information Report (FIR) which, among other offences, cited "adultery" as an offence, despite the Supreme Court declaring the adultery law unconstitutional in 2018. .Justice Wasim Sadiq Nargal opined that a prima facie case had been made out for a stay on the October 2023 order passed by a judicial magistrate in Jammu. .The Court, therefore, stayed the order, summoned the relevant records of the case for perusal and issued notice in the matter. .The plea before the Court challenged an order passed on October 27, 2023, by the 2nd additional Munsiff, Jammu. By that order, the judicial magistrate had directed the registration of an FIR for offences under Sections 120-A (criminal conspiracy), 312 (causing miscarriage), 313 (causing miscarriage without woman's consent), 497 (adultery), 506 (punishment for criminal intimidation), and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code..The persons who were made accused in the case included the relatives of the accused man. The family members (petitioners) then moved a petition before the High Court to quash the magistrate's October 2023 order. They claimed that the complaint was a false and frivolous one, and that they had been unnecessarily dragged into the criminal proceedings. .The counsel for the petitioners pointed out that the FIR was ordered to be registered even in respect of the now struck down offence of "adultery" under Section 497 of the IPC. This was despite the Supreme Court declaring the provision as unconstitutional, the counsel argued. .Breaking: Adultery no longer a Crime, Supreme Court strikes down Section 497 IPC.The lawyer, therefore, contended that the magistrate had passed the order under challenge in a mechanical manner and without any application of mind, which has caused a lot of harassment and prejudice to the petitioners..After considering the submissions, the High Court opined that the petitioners have made out a prima facie case for the grant of interim relief and stayed the magistrate order. "Subject to objections from the other side and till next date of hearing before the Bench, the impugned order dated 27.10.2023 passed by the learned 2nd Additional Munsiff, Jammu for the commission of offence punishable under Section 156 (3) Cr.P.C in a complaint titled ... along with other consequential proceedings thereof, shall remain stayed," the Court, therefore, ordered on November, 24, 2023..The matter was then listed for further hearing on February 5, 2024..Advocates Aseem Kumar Sawhney and Rahoof Khan appeared on behalf of the petitioners..[Read Order]