Jaipur: Rajasthan High Court has ruled that a divorce decree obtained by a husband cannot, by itself, be a ground for quashing a criminal case alleging cruelty and dowry harassment by his wife.The court said that once allegations of matrimonial offences form part of an FIR, their veracity has to be tested during trial and the criminal proceedings cannot be terminated merely because the spouses have separated and obtained a divorce.Justice Ashok Kumar Jain passed the order Wednesday while dismissing a petition filed by Anoop Gautam, who had sought quashing of criminal proceedings pending before Judicial Magistrate No. 4, Alwar, under Sections 498A and 406 of the IPC. The case arose from an FIR registered against the accused at Mahila Thana, Alwar.Gautam, represented by advocate Ajay Sharma, had relied on a divorce decree passed by Family Court, Agra, on Nov 10, 2021. He had married Pinki Gautam at Alwar on June 20, 2014.The petitioner argued that the FIR contained vague allegations and that the couple were now living separately. He also relied on Supreme Court judgement in Achin Gupta vs State of Haryana to contend that the criminal proceedings amounted to abuse of the process of law.However, Justice Jain noted that the wife had lodged a complaint before the Alwar magistrate, following which the FIR was registered and police subsequently filed a charge sheet against the husband under Sections 498A and 406 IPC on May 8, 2019. The court further noted that the husband had filed the divorce case in November 2018, while the complaint was filed thereafter.Justice Jain held that although the spouses may have differences and may choose to live separately, “A criminal case cannot be quashed only on the ground that one of the spouse has obtained a decree of divorce.”“The FIR contained allegations including demand for dowry and cruelty, whose truthfulness was a matter for trial,” said Justice Jain in his order.The court also reiterated that powers under Section 482 CrPC must be exercised sparingly and that appreciation of evidence is primarily the function of the trial court.The court dismissed the petition and said that trial in the criminal case against the husband was to continue.
