Addressed whether divorce absolves criminal liability for offences committed prior to the marriage's dissolution. Held that divorce does not quash pending criminal proceedings.
Criminal petition dismissed; case not quashed due to subsequent divorce.
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HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
Crl.P.No.7299 of 2012
O R D E R:
The petitioner/A.1 is accused of offences punishable under
Sections 498-A, 323 and 506 IPC. He is husband of the 1st respondent/de facto complainant. It is stated by the petitioner’s counsel that subsequent to filing of charge sheet in this case, the 1st respondent obtained divorce in Family Court, Secunderabad and that therefore the criminal case is liable to be quashed as the 1st respondent is not intending to joint the petitioner. Subsequent divorce between the couple will not absolve the petitioner from criminal liability for the criminal activities which took place prior to grant of divorce. So, the pending criminal case is not liable to be quashed.
Accordingly, the criminal petition is dismissed.
_____________________________ SAMUDRALA GOVINDARAJULU,J
Dt. 12th October, 2012
PNV
2 issues framed by the court
Whether criminal liability is absolved by subsequent divorce between the accused and the complainant.
Whether a pending criminal case for offences under 498-A IPC can be quashed following a divorce decree.
Petitioner/A.1
1st Respondent/De facto complainant
Samudrala Govindarajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
