Matrimonial cases need to be scrutinised with great care to prevent miscarriage of justice: SC

Maintaining that criminal cases arising out of matrimonial disputes have to be scrutinised with great care and circumspection to prevent abuse of process of law, the Supreme Court quashes an FIR lodged by a UP woman against her brother-in-law for alleged dowry harassment and domestic violence and cruelty.

“Courts have to be careful and cautious in dealing with complaints and must take pragmatic realities into consideration while dealing with matrimonial disputes where the allegations have to be scrutinised with great care and circumspection in order to prevent miscarriage of justice and abuse of process of law,” a bench of Justice BV Nagarathna and Justice R Mahadevan said, in its September 24 verdict.

Writing the judgment for the bench, Justice Nagarathna cautioned against the tendency to implicate all family members in matrimonial disputes. “Mere general allegations of harassment without pointing out specific details would not be sufficient to continue criminal proceedings against any person,” she wrote.

Holding that the allegations against the appellant were general, vague, and lacking specific details such as time, place, or manner of harassment, the top court allowed his appeal, challenging the Allahabad High Court’s verdict refusing to quash the FIR lodged by the woman against her husband, mother-in-law, and brother-in-law (appellant) under Sections 323 and 498A of the IPC, and Sections 3 and 4 of the Dowry Prohibition Act.

While the FIR alleged cruelty and dowry demands, no proximate act attributable to the appellant was spelt out, it noted.

“Consequently, FIR No. 347 of 2023 dated 09.11.2023 lodged at the Civil Lines police station in Meerut and all consequent proceedings initiated pursuant thereto stand quashed, only qua the accused/appellant herein,” it ordered.

The bench, however, clarified that pending matrimonial proceedings between the parties would continue on merits in accordance with law.