M. SREENIVASULU AND OTHERS v. THE STATE OF ANDHRA PRADESH AND ORS. CRIMINAL REVISION 165/2023
Facts: Allegations were made against the investigating officer for procedural irregularities, including the failure to conduct a thorough inquiry and the premature registration of FIR No. 98 of 2015 based solely on a report from the second respondent. The petitioners were granted anticipatory bail with conditions, including issuance of a notice under Section 41A of the Cr.P.C. by the Sessions Judge, instructing police officials to serve the notice without arrest. Despite these directives, the investigating officer arrested the petitioners, leading to claims that the FIR was based on a false report intended to harass them. The petitioners sought to set aside a discharge petition order through a Criminal Revision under Sections 397 and 401 of the Cr.P.C. The charge sheet in C.C. No. 450 of 2016 alleged that the petitioners, particularly the first petitioner, had subjected the second respondent (their wife) to cruelty and demanded additional dowry.
Issue: Whether a plea alleging cruelty during marriage is maintainable after divorce.
Observation: The Andhra Pradesh High Court determined that a petition under Section 498A of the Indian Penal Code and Section 3 of the Dowry Prohibition Act is not maintainable if the marriage has been dissolved. The Court found the allegations vague and unsubstantiated, resulting in the discharge of the petitioners in the criminal case.