Section 198 CrPC Bar Not Applicable When Serious Offences Like Rape Are Alleged in Matrimonial Disputes

The Kerala High Court has ruled that the procedural restriction under Section 198 (1) of the CrPC, which generally bars cognizance of marriage-related offences unless filed by the aggrieved party, does not apply when serious offences like rape are alleged alongside matrimonial disputes.

Relying on the Supreme Court's decision in Ushaben v. Kishorbhai Chunnilal Talpada & Ors. (2012), Justice Badharudeen clarified that when grave charges such as rape or cheating are included in a complaint, courts and police can initiate investigation and proceed with charges.

The Court emphasised that offences under Chapter XX of the IPC, if linked with non-matrimonial cognizable crimes, must be independently prosecuted despite the procedural bar.