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High Court: Divorce Not a Shield Against Harassment Claims
22 Aug
Summary
- Divorce decree cannot nullify criminal cases of cruelty.
- Allegations must be tested in trial, not dismissed early.
- Criminal proceedings continue despite marital separation.
The Rajasthan High Court has clarified that a divorce decree alone is insufficient grounds to dismiss criminal proceedings related to alleged cruelty and dowry harassment by a spouse. Justice Ashok Kumar Jain's ruling on Wednesday stated that allegations forming part of an FIR must undergo a trial to determine their veracity. The court dismissed a petition by Anoop Gautam, who sought to quash a criminal case filed against him in Alwar under Sections 498A and 406 of the IPC.
Gautam had presented a divorce decree from November 10, 2021, and argued that the FIR's allegations were vague and that the couple was living separately. However, the court noted that the wife's complaint preceded the registration of the FIR and subsequent charge sheet in May 2019. Justice Jain affirmed that differences and separation do not negate the need for trial in such criminal matters, reiterating that powers under Section 482 CrPC should be exercised sparingly.
