In-Laws Can't Be Prosecuted Merely For Asking Wife To Adjust : Supreme Court Quashes Dowry Harassment, 498A Case

The Supreme Court on Monday (May 25) quashed the domestic cruelty, domestic violence, and dowry demand proceedings against the in-laws of the woman, holding that omnibus, generalised allegations lacking specific overt acts cannot justify continuation of prosecution against the husband's relatives in matrimonial disputes. A bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh allowed appeals filed by the complainant's in-laws, setting aside the Madhya Pradesh High Court's Gwalior bench order refusing to quash the proceedings against them. The Court observed that criminal law cannot be used as a weapon to settle personal or familial grievances in the absence of legally sustainable allegations. “…the allegations against the present appellants remain generalised and derivative in character. The complaint does not disclose any specific or direct act individually attributable to the appellants constituting domestic violence, physical abuse, verbal abuse, emotional abuse or economic abuse within the meaning of the DV Act. The allegations against them are essentially that they supported the husband, failed to intervene in the matrimonial dispute, or asked the complainant to adjust to the situation. Such omnibus and broadly worded allegations, in the absence of clear particulars and specific overt acts, would not justify continuation of proceedings against the present appellants.”, the court observed. The case arose from a matrimonial dispute between the complainant-wife and her husband, who married in November 2019. In January 2023, the complainant lodged an FIR at Guna, Madhya Pradesh, alleging offences under Section 498A IPC, Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act against her husband and his relatives. She alleged that substantial dowry in cash, jewellery and household articles had been given at the time of marriage and that she was later subjected to harassment and demands for additional money. Subsequently, she also initiated proceedings under the Domestic Violence Act, alleging mental harassment, surveillance through hidden cameras, restrictions on movement and threats involving a licensed firearm. The Madhya Pradesh High Court refused to quash either the FIR or the DV Act proceedings, holding that prima facie allegations existed against the accused relatives, prompting the in-laws to move to the Supreme Court. Setting aside the impugned order, the judgment authored by Justice Kotiswar Singh found the culmination of the impugned proceedings against the Appellants to be an abuse of process of law. The Court noted that the failure of the complainant to point out specific over act against each Appellant-accused, proved fatal to her case, as to proceed in prosecutions arising out of a matrimonial dispute “the allegations against each accused must be specific, distinct and supported by prima facie material indicating active involvement in the alleged acts of cruelty, harassment or unlawful demand of dowry.” “…while safeguarding the rights and dignity of victims of domestic violence remains of paramount importance, courts are simultaneously required to ensure that the rigours of criminal law are not indiscriminately extended to every member of the family without a clear factual foundation.”, the court noted. The Court rejected the complainant's contention that the appellants played a prominent role in the alleged crimes, as they never stopped her husband from harassing or subjecting her to violence. Instead, the Court observed that “mere allegations that family members “supported” the husband, failed to intervene, or advised the complainant to adjust in the matrimonial relationship, without anything further, would not ipso facto attract criminal liability.” “There may indeed be situations where certain relatives remain passive spectators or fail to come to the aid of the complainant; however, such conduct, though morally questionable, cannot automatically be elevated to the status of criminal culpability unless the surrounding circumstances clearly disclose their active complicity or participation in the alleged offences.”, the court added. Since the marriage between the couple stands dissolved, the Court said that continuance of the DV Act proceedings against the Appellants would serve no purpose, and hence were also quashed. "We have also taken note of the fact that during the pendency of the present proceedings, the marriage between the complainant and her husband already stood dissolved by a decree passed by the competent Family Court. In such circumstances, continuation of the proceedings under the DV Act qua the present appellants, in the absence of specific and substantiated allegations against them as of now, would serve no useful purpose. It is, however, clarified that the complainant would be at liberty to avail such remedies against the husband as may be permissible to her in accordance with law.", the court observed.Courts must exercise a heightened ...

In-Laws Can't Be Prosecuted Merely For Asking Wife To Adjust : Supreme Court Quashes Dowry Harassment, 498A Case

Yash Mittal

Mere familial association with husband cannot constitute criminal offence without specific overt acts, the Court said.

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Yash Mittal

In-Laws Can't Be Prosecuted Merely For Asking Wife To Adjust : Supreme Court Quashes Dowry Harassment, 498A Case

Yash Mittal

Mere familial association with husband cannot constitute criminal offence without specific overt acts, the Court said.

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INR 1099+GST

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Yash Mittal

This is a premium content
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