The Supreme Court on Tuesday said continuation of
criminal proceedings against family members after divorce between the couple
served no legitimate purpose.
A bench of Justices B V Nagarathna and K V
Viswanathan passed the direction while quashing an FIR against a father-in-law
booked under provisions of Dowry Act and IPC provisions, including Sections
498A (cruelty by husband or his relatives).
The top court said the power under Article 142 (to
do complete justice) must be invoked to advance the cause of complete justice
in matters of such nature.
"Once the marital relationship has ended in
divorce and the parties have moved on with their lives, the continuation of
criminal proceedings against family members, especially in the absence of
specific and proximate allegations, serves no legitimate purpose," the
bench said.
The order continued,
"It only prolongs bitterness and burdens the criminal justice system with
disputes that are no longer live. The law must be applied in a manner that
balances the need to address genuine grievances with the equally important duty
to prevent its misuse." The apex court said the power to quash such
proceedings was essential to uphold fairness and bring about a "quietus to
personal disputes that have run their course"
Referring to its judgements, the bench said the
family members of the husband ought not to be unnecessarily roped into criminal
proceedings stemming from matrimonial discord.
"The court observed that it has become a
recurring tendency to implicate every member of the husband's family,
irrespective of their role or actual involvement, merely because a dispute has
arisen between the spouses," it said.
The bench observed the verdicts further held it to
be abuse of law if the complaint was bereft of specific particulars, especially
where the relatives sought to be prosecuted resided separately or had no
connection with the matrimonial home.
The order came on an appeal filed by man challenging
an order of Madhya Pradesh High Court which refused to quash the FIR lodged by
the man's daughter-in-law.
The top court said the estranged couple was
separated by a decree of divorce in 2021, which attained finality and not
challenged by either side.
Both parties were stated to be leading independent
lives.