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The Supreme Court held that prosecution of a husband and members of his family under Section 498 A of the Indian Penal Code and sections 3and 4 of the Dowry Prohibition Act is not maintainable after divorce has been granted to the wife. A Division Bench of the Supreme Court dismissed the case of a wife who filed an FIR against her husband and his relatives regarding dowry harassment.
The woman herself stated that she was divorced four years before filing of the FIR. The trial court and the high court refused to discharge the accused and hence they approached the Supreme Court which quashed the proceedings against the husband and his family members and held that the complaint was not maintainable after grant of divorce.
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