Chhattisgarh High Court: Acquittal Under Section 498A IPC Does Not Bar Domestic Violence Proceedings
Facts:
The Petitioners (husband) filed a petition of quashing the proceeding under domestic violence Act, filed by wife, after obtaining divorce and acquittal of Petitioners from 498A IPC.
The case arose from a complaint filed by a wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005. She alleged that her husband was not taking care of her and had subjected her to mental torture in connection with a demand for ₹1 lakh and a motorcycle.
Earlier, the wife had also lodged an FIR under Section 498A IPC based on substantially similar allegations. The accused persons were subsequently acquitted in that case. Meanwhile, the parties had obtained a divorce, and a child custody matter was pending before the High Court.
Issue:
The main question before the Chhattisgarh High Court was:
Can a woman file a complaint under Section 12 of the Domestic Violence Act when the accused persons have already been acquitted in a Section 498A IPC case arising from the same allegations?
Law / Legal Provisions in Question:
- Section 498A IPC – deals with cruelty by a husband or his relatives towards a woman.
- Section 12 of the Domestic Violence Act, 2005 – enables an aggrieved woman to approach a Magistrate for relief against domestic violence.
- Section 36 of the Domestic Violence Act – states that the Act is in addition to, and not in derogation of, other existing laws.
Petitioners’ Contention:
The husband and other petitioners argued that the wife was relying upon the same allegations on which a Section 498A case had already been filed and in which they had been acquitted.
They contended that, after the acquittal and divorce, initiating proceedings under the Domestic Violence Act amounted to an abuse of the process of law. They therefore sought quashing of the complaint.
Respondent’s Contention:
The wife’s case was that the proceedings under the Domestic Violence Act are independent of a prosecution under Section 498A IPC and provide separate remedies for domestic violence.
Therefore, the earlier criminal case and its outcome could not automatically prevent her from seeking relief under the Domestic Violence Act.
Court’s Observation:
Justice Narendra Kumar Vyas observed that Section 498A IPC and Section 12 of the Domestic Violence Act operate in different fields and have different objectives.
The Court also relied upon Section 36 of the Domestic Violence Act, which makes it clear that the remedies under the Act are available in addition to other legal remedies.
Therefore, the Court held that an acquittal under Section 498A IPC does not, by itself, prohibit or restrict a woman from filing a complaint under Section 12 of the Domestic Violence Act.
Final Judgment:
The Chhattisgarh High Court dismissed the petition and refused to quash the Domestic Violence Act proceedings.
The Court held that the Magistrate had committed no illegality in taking cognizance of the complaint.
In Simple Words:
An acquittal in a 498A cruelty case does not automatically close the door to proceedings under the Domestic Violence Act. The reason is that the two laws serve different purposes: Section 498A deals with criminal cruelty, while the Domestic Violence Act provides separate protective and other remedies to an aggrieved woman.
Case: Manoj Kurre & Ors. v. Smt. Sunita Kurre & Anr., CRMP No. 1472 of 2025
Before: Chhattisgarh High Court, Justice Narendra Kumar Vyas