The Chhattisgarh High Court has ruled that an acquittal under Section 498A of the Indian Penal Code does not bar a woman from initiating or continuing proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act).
Justice Narendra Kumar Vyas delivered the judgment while hearing a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking quashing of a domestic violence complaint pending before the Judicial Magistrate First Class, Champa.
The petitioners argued that the complainant had earlier lodged an FIR under Section 498A IPC based on allegations of cruelty and dowry-related harassment. Since the accused persons had already been acquitted in that criminal case, they contended that the subsequent domestic violence proceedings were an abuse of the process of law.
The High Court rejected this contention, emphasizing that Section 498A IPC and the Domestic Violence Act operate in different legal domains. While Section 498A criminalizes cruelty by a husband or his relatives, the DV Act provides a broader civil remedy framework aimed at protecting women from various forms of domestic violence and securing reliefs such as protection orders, residence rights, maintenance, and compensation.
The Court referred to Section 36 of the DV Act, which expressly states that the provisions of the Act are in addition to, and not in derogation of, any other law in force. Relying on this provision, the Court held that an acquittal in a criminal prosecution under Section 498A does not prohibit or restrict a complainant from seeking remedies under the DV Act.
The Court observed that Parliament enacted the Domestic Violence Act to provide more effective protection to women facing violence within the family and that the remedies available under the statute are independent of criminal proceedings.
Accordingly, the Court dismissed the petition seeking quashing of the complaint and allowed the domestic violence proceedings to continue. However, it clarified that the trial court must decide the complaint independently on its merits and without being influenced by observations made in the High Court's order.
The ruling reinforces the principle that criminal acquittal and domestic violence remedies are distinct legal mechanisms and that relief under the DV Act may remain available even when a criminal prosecution under Section 498A does not result in conviction.
Case: Manoj Kurre & Ors. v. Smt. Sunita Kurre & Anr.
Citation: 2026:CGHC:37370
Court: High Court of Chhattisgarh at Bilaspur
Judge: Justice Narendra Kumar Vyas