By Dr. Ajay Kummar Pandey | April 23, 2025

In a significant affirmation of modern constitutional values, the Delhi High Court has quashed a 2010 adultery case filed under Section 497 of the Indian Penal Code, declaring that the Supreme Court’s 2018 judgment in Joseph Shine v. Union of India applies retrospectively.

The petition, filed under Section 482 CrPC, challenged a summon order against a man accused of having a relationship with a married woman. The Hon’ble Justice Neena Bansal Krishna observed that no prima facie case of adultery was made out, especially under a provision that has been declared unconstitutional.

Key Observations:
Section 497 IPC, which treated a woman as a husband’s property and punished only the male partner, was struck down in 2018.

The Delhi High Court emphasized that criminal proceedings cannot continue under a law that has ceased to exist.

There was no concrete evidence of sexual intercourse in the current case—only assumptions based on call records and co-travel.

Justice Krishna drew a parallel with the Mahabharat’s Draupadi, lamenting the historical treatment of women as stakes in patriarchal systems. She remarked, “The consequences of treating a woman as chattel are devastating, as history has shown us.”

Why This Matters:
Adultery is no longer a criminal offence, though it remains a civil ground for divorce.

The judgment sets a precedent for dismissing all pending cases under Section 497.

It ensures that the Supreme Court’s gender-equal reasoning echoes through all courts, retroactively.

Legal Takeaway:
"You cannot criminalize a consensual relationship between adults under a law that has been declared void. Law must evolve with society—not shackle it."

This judgment is a progressive step toward a legal framework that respects individual choice, dignity, and equality. It also protects against the misuse of outdated colonial statutes.