Continuing case after divorce and remarriage abuse of law process: Uttarakhand High Court

The Uttarakhand High Court quashed criminal proceedings related to a matrimonial dispute following divorce and remarriage. During the proceedings of the case, the husband filed a petition for divorce, which the court accepted in 2018. Subsequently, the High Court quashed the entire proceedings in the case.

The Uttarakhand High Court quashed criminal proceedings related to a matrimonial dispute following divorce and remarriage. A single bench headed by Justice Alok Mehra quashed all proceedings pending before the first class judicial magistrate of Dehradun, including the charge sheet and summons order against the applicant. According to the case, the applicant and the respondent were married in 2009. Subsequently, due to differences in temperament and marital discord, the couple began living separately. In 2016, the respondent filed a criminal complaint against the applicant under sections 498A and 323 of the Indian Penal Code and provisions of the Dowry Prohibition Act. The husband argued that the allegations were false and exaggerated. During the proceedings of the case, the husband filed a petition for divorce, which the court accepted in 2018. Following the divorce, the wife remarried. After hearing both parties, the court found that the case arose out of a marital dispute. However, the court stated that since the marriage had ended, continuing criminal proceedings under these circumstances would cause unnecessary harassment to the man and constitute an abuse of the court process. Subsequently, the High Court quashed the entire proceedings in the case.

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