Krishna Chandra vs State Of Uttar Pradesh - S 497 IPC - Complaint Quashed

Code of Criminal Procedure 1973 - Section 482 - Indian Penal Code 1860 - Section 497 - Complaint alleging offence under Section 497 IPC - HC refused to quash the complaint - Allowing appeal, SC observed - There is absolutely no question of convicting the appellant for the offence under Section 497 as the said provision was declared as unconstitutional - Referred to Joseph Shine vs Union of India (2019 (3) SCC 39) :: [2018] 11 S.C.R. 765 :: 2018 INSC 898- Where the allegations made in the First Information Report or in the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, it is a case wherein the inherent power under Section 482 of the Cr.P.C. should be exercised. (Para 3-4)