Woman Can't Pursue Criminal Case Against Ex-Husband After Accepting Divorce Deal: Rajasthan HC

Last Updated:June 12, 2026, 18:07 IST

Rajasthan High Court quashed the criminal case, saying the daughter-in-law misused process after divorce settlement and Rs 20 lakh alimony.

The Rajasthan High Court has quashed criminal proceedings against a man and his elderly parents, ruling that the complainant misused the legal process by continuing to pursue the case despite agreeing to a divorce settlement and receiving Rs 20 lakh as permanent alimony.

Justice Anoop Kumar Dhand allowed a petition filed by Satyapal Sharma, 65, and his wife Sita Devi, 62, who had been named in a criminal case filed by their daughter-in-law following marital disputes with their son.

Divorce Settled With Rs 20 Lakh Alimony

The marriage took place in November 2009. In 2013, the woman lodged an FIR against her husband and his family members, alleging offences under multiple provisions of the IPC, including Section 498A. A chargesheet was filed in 2018, and trial proceedings commenced.

Meanwhile, the husband sought divorce. The Family Court in Jaipur dissolved the marriage in October 2019. Although the woman challenged the order, the dispute was eventually settled before the Rajasthan High Court. Under the agreement, the husband paid Rs 20 lakh as permanent alimony, leading to the dismissal of her appeal in December 2024. A formal divorce decree was issued in February 2025.

Despite the settlement, the complainant neither withdrew the criminal case nor appeared before the trial court to record her evidence. The court noted that since 2018, she and her witnesses had repeatedly failed to testify despite several summonses.

Proceedings Against In-Laws Quashed

The High Court observed that the complainant, “having received the decree of divorce from the husband without contest on the basis of the terms of the compromise, cannot now be allowed to go back upon their proclaimed stand and take a somersault," TOI reported.

The court further held that “from the agreements entered into between the parties and which are confirmed by her in Court, no doubt is left that this was a compromise/settlement for divorce by consent decree as well as for quashing the criminal proceedings."

Concluding that “continuation of the proceedings against the petitioners tantamount to abuse of process of law," the court quashed the case against the husband’s parents.

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Manisha Roy

Manisha Roy is a Senior Sub-Editor at News18.com's general desk. She comes with an experience of over 5 years in media industry. She covers politics and other hard news. She can be contacted at Manish...Read More

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