The Rajasthan High Court has refused to quash a dowry harassment case against an Indian Army Major and his mother, ruling that military rank cannot become a ground to interfere with a criminal investigation.
Justice Munnuri Laxman dismissed two criminal miscellaneous petitions challenging the FIR registered on April 20 under Sections 85 and 115(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 4 of the Dowry Prohibition Act.
The case was filed by the officer’s wife at the Mahila Thana in Jodhpur City East, alleging dowry-related harassment and cruelty by her husband and his family members.
During the hearing, the petitioners argued that the complaint was filed nearly nine months after the alleged incidents and claimed that the FIR was a “counter-blast” to a divorce petition initiated by the Army officer. The defence also sought relief citing the officer’s service in the Indian Army.
Rejecting the plea, the High Court observed that the officer’s rank was irrelevant to the investigation process and held that there were sufficient prima facie allegations requiring proper investigation.
“The rank of the petitioner is not relevant for the investigation to be done in the present proceedings,” the court observed, emphasising that professional or social status cannot obstruct the criminal justice process.
The bench further ruled that delay in filing the FIR alone was not enough to quash the case, noting that such complaints are not barred by limitation under law.
However, while dismissing the petitions, the court granted limited protection to the accused by directing the police to strictly follow the safeguards laid down by the Supreme Court of India in the landmark Arnesh Kumar v State of Bihar judgment before taking any coercive action.
The ruling reinforces the judiciary’s position that all individuals, irrespective of rank or official status, remain equally subject to the law and due process during criminal investigations.
