M. SREENIVASULU V. THE STATE OF ANDHRA PRADESH, 2024 (AP) 35

M. SREENIVASULU V. THE STATE OF ANDHRA PRADESH, 2024 (AP) 35

Facts: The Andhra Pradesh High Court previously held that a petition under Section 498A IPC and Section 3 of the Dowry Prohibition Act, 1961, is not maintainable once a marriage has been dissolved. Despite this, the petitioners were arrested without investigation, solely based on the complainant's allegations. The petitioners, who are accused in a case under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, challenged the dismissal of their discharge petitions. They argued that the marriage between the complainant and the accused had been dissolved through a Family Court Order in 2015. The trial court, however, dismissed their discharge petition, ignoring the Family Court’s order.

Issue: Whether a petition alleging cruelty during marriage is maintainable after the marriage has been legally dissolved.

Judgment: The Andhra Pradesh High Court ruled that once a marriage is legally dissolved, a petition under Section 498A IPC and Section 3 of the Dowry Prohibition Act is not maintainable.

The Court observed that both parties had reached an amicable resolution, making the continuation of proceedings unnecessary. Consequently, the Court found that the petitioners had demonstrated sufficient grounds to warrant allowing the revision petition. The Court concluded that the allegations were vague and unsupported by evidence, thereby allowing the criminal revision petition and discharging the petitioners from the criminal case.