Best Divorce case Lawyer in Karkardooma Court Delhi

498A FIR Quashed 

Advocate Devashish Maharshi | Best Divorce case Lawyer in Karkardooma Court Delhi

S. B. Criminal Miscellaneous Petition No. 89/2020

Title: Alok Kumar Chaturvedi v State of Rajasthan & Anr.

Recently, the Rajasthan High Court quashed criminal proceedings arising out of an FIR alleging offences under Sections 498A and 406 IPC, holding that the case appeared to be a retaliatory counterblast to a divorce petition filed by the husband. The Court observed that the FIR was lodged only after the wife received notice of the divorce petition, noting that such timing “raises a cloud of suspicion over the bona fides of the complainant.”

The dispute had begun soon after the marriage, leading both parties to execute a written compromise acknowledging the irretrievable breakdown of the relationship. The complainant accepted the return of stridhan, received one-time alimony, and assured that she would not initiate criminal proceedings. After one year of separation, the petitioner requested mutual consent divorce, but when the respondent refused, he filed for divorce independently.

Upon receiving notice of these proceedings, the complainant lodged the FIR alleging cruelty, dowry demands, and misappropriation of her belongings. Later, during the divorce proceedings, she gave “no objection” to the decree of divorce and subsequently remarried. Despite this, charges under Sections 498A and 406 IPC were framed by the trial court.

The petitioner argued that the FIR was clearly an afterthought filed only to retaliate against the divorce petition. It was contended that the allegations were vague, inconsistent with the earlier compromise, and surfaced only after 20 months of separation. Meanwhile, the respondents claimed that the petition under Section 482 CrPC was not maintainable since charges had already been framed and further alleged that the compromise had been signed under improper circumstances.

The Court rejected the maintainability objection, relying on Mukesh v. State of UP, reiterating that Section 482 petitions may be entertained to prevent abuse of process. The Court found that the complainant’s reply to the divorce petition did not mention any dowry offence, and her subsequent remarriage further weakened the credibility of the allegations. Referring to precedents such as Naushey Ali and Dara Lakshmi Narayana, the Court reiterated the growing tendency to misuse Section 498A IPC to settle personal scores, stressing the need for careful scrutiny of FIRs lodged as counterblasts.

Concluding that the criminal proceedings were malicious and retaliatory, the Court quashed the FIR, charge-sheet, and all proceedings under Sections 498A and 406 IPC, holding that their continuation would amount to misuse of the criminal justice system.

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

Top lawyer for Contested Divorce case, Restitution of Conjugal Rights, Domestic violence case, CAW cell Complaint case, Quashing petition and for Mutual Consent Divorce case in Delhi

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