Domestic Violence Act — Independent of 498A Acquittal · 25 August 2026
Manoj Kurre & Ors. v. Smt. Sunita Kurre & Anr.: Acquittal Under Section 498A IPC Does Not Bar a Domestic Violence Act Complaint on the Same Facts
High Court of Chhattisgarh · 2026 LiveLaw (Chh) 119; CRMP No. 1472 of 2025
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A wife had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, alleging her husband failed to take care of her and subjected her to mental torture over a demand for ₹1 lakh and a motorcycle. By the time this reached the High Court, the couple had already obtained a divorce, a child-custody application was pending, and the husband and his relatives had already been acquitted in an earlier criminal case under Section 498A IPC arising from the same set of allegations. The husband's side argued that pursuing the Domestic Violence Act complaint after that acquittal, on the same facts, was an abuse of the legal process.
The Chhattisgarh High Court dismissed the petition to quash the complaint. It held that Section 498A IPC and Section 12 of the Domestic Violence Act operate in different fields and serve distinct purposes, and that Section 36 of the DV Act expressly says its remedies are in addition to, not instead of, other laws. An acquittal in the criminal case — decided on the stricter standard of proof beyond reasonable doubt — does not by itself bar a complainant from pursuing the separate protective remedies available under the Domestic Violence Act on the same underlying facts.
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