Every failed marriage can't be turned into criminal case: HC
PRAYAGRAJ, Oct. 11 -- The Allahabad high court has quashed an FIR pertaining to cruelty and dowry harassment, observing that general and omnibus allegations cannot justify the continuation of criminal proceedings in a short-term marriage.
The court said if every distressed or failed marriage is routinely converted into an FIR and subjected to the coercive machinery of criminal law, the institution of marriage will inevitably be affected at its core.
A division bench comprising Justice Chandra Dhari Singh and Justice Tarun Saxena passed the order while allowing a writ petition filed by Gaurav Jain and his family. The high court quashed the FIR registered in 2025 against the petitioners at Hari Parvat police station, Agra.
The court, however, clarified that its decision does not adjudicate the merits of the pending matrimonial proceedings and both parties remain free to pursue their remedies before the competent court.
The complainant side alleged demands of Rs.10 crore, harassment, denial of food, threats and an attempt to strangle wife.
As per the facts of the case, the marriage was solemnised on November 12, 2024, and the wife left the matrimonial home on February 3, 2025. The husband filed a divorce petition on May 3, 2025. The FIR was registered on June 30, 2025, under various sections of the Bharatiya Nyaya Sanhita, 2023 and Dowry Prohibition Act, 1961....
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