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2026 Supreme(Online)(Raj) 19061
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Anoop Kumar Dhand, J
Satyapal Sharma – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous (Petition) No.4251/2022
Important Points
Subject
Criminal Law - Quashing of Criminal Proceedings
Act Referred
Dowry Prohibition Act, 1961: S.4
Hindu Marriage Act, 1955: S.13
Code of Criminal Procedure, 1973: S.482
Headnote
Facts of the case:
The marriage between the complainant and the son of the petitioners was dissolved by a decree of divorce following a compromise where the complainant received a lumpsum permanent alimony of Rs. 20,00,000/-. Despite the settlement and receipt of alimony, the complainant continued to pursue criminal case no. 794/2017 arising from an FIR filed in 2013 against the petitioners (parents-in-law) for various offenses, despite not attending trial proceedings for years.
Findings of Court:
The court held that allowing the criminal proceedings to continue after a comprehensive settlement and dissolution of marriage would constitute an abuse of the process of law. Given the complainant's conduct and receipt of alimony, the court exercised its power to quash the criminal proceedings against the petitioners to secure the ends of justice.
Issues: Whether criminal proceedings can be quashed when the parties have reached a mutual settlement during divorce proceedings and permanent alimony has been paid.
Ratio Decidendi: If a criminal proceeding is used as a weapon of harassment despite an amicable settlement leading to a divorce decree and satisfaction of alimony obligations, the High Court under its inherent powers must intervene to prevent abuse of the judicial process. Result : Petition allowed; proceedings quashed.
For the Appellants/Petitioners: Neeraj K. Tiwari
For the Respondents: Jitendra Singh Rathore, Gaurav Gupta, Sapan Soni
| Table of Content |
|---|
| 1. petitioners seek to quash criminal proceedings following a divorce settlement. (Para 1 , 2 , 3) |
| 2. legal precedents support quashing when matrimonial disputes are resolved. (Para 4 , 5 , 6) |
| 3. fact check confirms divorce decree, alimony payment, and non-participation in trial. (Para 7 , 8 , 9 , 10 , 11) |
| 4. the court views continued prosecution as an abuse of judicial process. (Para 12 , 13 , 14) |
| 5. judicial recognition of the misuse of matrimonial criminal complaints. (Para 15 , 16 , 17) |
| 6. the court orders the quashing of proceedings to secure ends of justice. (Para 18 , 19) |
Order
21/05/2026
1. By way of filing the instant criminal misc. petition, a prayer has been made to quash the proceedings of Criminal Case No.794/2017 pending against the petitioners before the Court of Additional Chief Judicial Magistrate, Niwai, District Tonk arising out of FIR No.327/2013 registered at Police Station Niwai District Tonk for the offences punishable under Sections 302, 323, 341, 354, 506, 114, 406, 498-A and 120B IPC.
2. Learned counsel for the petitioners submits that the petitioners are parents-in-law of the respondent-complainant (hereinafter referred to as the “complainant”). He submits that the marriage of the petitioners’ son was solemised with the respondent-complainant on 27.11.2009, but their marriage could not pull on well and a matrimonial dispute arose between the petitioners’ son and the complainant and she lodged the impugned FIR against the entire family members of the petitioners. Learned counsel submits that after investigation, charge-sheet was submitted against the petitioners along-with their son Viklesh @ Vikki before the Court of the Additional Chief Judicial Magistrate, Niwai, District Tonk where charges were framed against all of them for the offence punishable under Sections 498A and 406 IPC and under Section 4 of the Dowry Prohibition Act vide order dated 29.08.2018. Learned counsel submits that since then the complainant is not appearing in the witness box for recording of her statements nor her family members were appearing before the Trial Court. Learned counsel submits that of the petitioners submitted an application under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act of 1955”) against the complainant for dissolution of their marriage. He submits that the said application was allowed by the Family Court No.3, Jaipur and their marriage was dissolved vide judgment and decree dated 18.10.2019.
3. Learned counsel for the petitioner further submits that the aforesaid judgment, passed by the Family Court, was assailed by the complainant before this Court by way of filing D.B. Civil Misc. Appeal No.5735/2019, wherein a compromise took place between the parties and the complainant was awarded maintenance to the lumpsum amount of Rs.20,00,000/- (Twenty lacs) as permanent alimony to be paid by the petitioners’ son. Learned counsel submits that thereafter son of the petitioners paid the aforesaid amount i.e. permanent alimony of Rs.20,00,000/- (Twenty lacs) to the complainant by way of demand draft and the appeal submitted by the complainant was dismissed by the Division Bench of this Court vide order dated 12.12.2024 and thereafter a decree of divorce has also been prepared by this Court on 17.02.2025. Learned counsel submits that inspite of receiving the permanent alimony of Rs.20,00,000/- (Twenty lacs), the complainant is not appearing before the Trial Court, only with a view to harass the husband and the petitioners. Learned counsel submits that the proceedings for the above stated offences are lying pending against the petitioners since 2013 and more than 13 years have passed thereafter. Learned counsel submits that under the changed circumstances, after receipt of the lumpsum amount of Rs.20,00,000/- (Twenty lacs) as permanent alimony, continuation of the proceedings against the petitioners tantamounts to abuse of process of law, hence, in order to secure th
