Rajasthan High Court Quashes Criminal Proceedings Against Alok Kumar Chaturvedi

FIR Found Retaliatory and Malicious Amid Divorce Proceedings; Court Prevents Abuse of Law

In a significant judgment delivered by Justice Anand Sharma at the Rajasthan High Court, Jaipur Bench, the criminal proceedings against Alok Kumar Chaturvedi have been quashed. The case stemmed from an FIR lodged under Sections 498A and 406 of the Indian Penal Code, which were found to be retaliatory and malicious, aimed at countering the divorce proceedings initiated by the petitioner, Alok Kumar Chaturvedi.

The petitioner, Alok Kumar Chaturvedi, and the complainant, Respondent No. 2, were married according to Hindu rites on November 24, 2012. However, marital discord surfaced soon after, resulting in a mutual compromise on March 23, 2013, where both parties agreed to a divorce by mutual consent. The agreement included returning the complainant's stridhan and a lump sum alimony of Rs. 3,00,000, with a clause preventing any criminal action against the petitioner under Sections 498A and 406 IPC.

Despite this agreement, when Chaturvedi filed for divorce on April 7, 2014, Respondent No. 2 lodged an FIR alleging cruelty and dowry demands, a stark contradiction to the earlier compromise. The FIR was registered 20 months after desertion, raising suspicion over the complainant's motives, particularly as it followed the initiation of divorce proceedings by the petitioner.

Justice Sharma noted the retaliatory nature of the FIR and the absence of any substantive allegations in the complainant's reply to the divorce petition. The reply did not support claims of cruelty or dowry demands, further weakening the FIR's credibility. The court emphasized the misuse of Section 498A IPC in matrimonial disputes, referencing Supreme Court judgments that caution against its use as a tool for personal vendetta.

The judgment underlines the wider grounds available under Section 482 CrPC for quashing criminal proceedings, beyond what is accessible through discharge applications. It reiterates that the abuse of legal processes can be challenged under this section, allowing for the examination of documents beyond the charge sheet.

In delivering the judgment, Justice Sharma referred to precedents set by the Supreme Court in cases such as Mukesh v. The State of Uttar Pradesh and Naushey Ali v. State of Uttar Pradesh, which highlight the permissible scope of quashing petitions under Section 482 CrPC.

Ultimately, the Rajasthan High Court's decision prevents the continued prosecution of Alok Kumar Chaturvedi, recognizing the FIR's retaliatory nature and the malicious intent behind its filing. This judgment serves as a reminder of the judiciary's role in preventing the abuse of legal processes, particularly in matrimonial disputes.

Bottom Line:

Quashing of criminal proceedings under Section 482 CrPC - FIR lodged under Sections 498A and 406 IPC found to be retaliatory and malicious, aimed at countering divorce proceedings initiated by the petitioner.

Statutory provision(s): Section 482 CrPC, Sections 498A, 406 IPC

Alok Kumar Chaturvedi v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2808107