Now Reading: Acquittal under 498A does not bar DV Act case: Chhattisgarh HC
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Acquittal under 498A does not bar DV Act case: Chhattisgarh HC
The Chhattisgarh High Court has ruled that an acquittal under Section 498A of the Indian Penal Code does not bar proceedings under the Protection of Women from Domestic Violence Act, 2005. Justice…
The Chhattisgarh High Court has ruled that an acquittal under Section 498A of the Indian Penal Code does not bar proceedings under the Protection of Women from Domestic Violence Act, 2005. Justice Narendra Kumar Vyas held that the two laws operate in different fields and serve distinct objects.
The court dismissed a petition by Manoj Kurre and others challenging a complaint filed by Sunita Kurre under Section 12 of the Domestic Violence Act. The petitioners had argued that since they were acquitted in a criminal case over the same allegations of mental torture and a demand for Rs 1 lakh and a motorcycle, the DV Act complaint was an abuse of process.
The High Court noted that Section 36 of the DV Act states its provisions are in addition to, not in derogation of, other laws. It found no illegality in the trial court taking cognizance of the complaint and rejected the quashing petition.
Indian Opinion Analysis
The ruling clarifies a recurring legal question: whether a criminal acquittal under the Indian Penal Code can prevent a parallel civil remedy under the Domestic Violence Act. Parliament designed the 2005 Act as a civil law providing reliefs such as protection orders, residence rights and maintenance, which are distinct from the penal consequences of Section 498A. The same factual matrix can therefore yield different outcomes in the two forums. The Chhattisgarh High Court's reasoning aligns with Supreme Court precedents, including the 2016 judgment in *V.D. Bhanot v. Savita Bhanot*, which held that the DV Act's remedies are additional. For litigants, this means a criminal acquittal does not automatically close the door on domestic violence proceedings. The trial court will now proceed on the wife's complaint under Section 12 of the DV Act.
Source: livelaw.in
This brief was synthesised by AI from the source linked above.
