SC chides ‘casual’ naming of family in marriage disputes

New Delhi, Dec. 26: The Supreme Court has quashed criminal proceedings against a man and a woman in a dowry harassment case noting that time and again, the family members of the husband are being made accused in matrimonial disputes by making casual reference to them in the FIR.

A bench of justices R. Subhash Reddy and Hrishikesh Roy set aside an order of the Allahabad High Court which directed the victim’s brother-in-law and mother-in-law, accused in a dowry death case, to surrender and apply for a grant of bail. “It is held that a large number of family members are shown in the FIR by casually mentioning their names and the contents do not disclose their active involvement, as such, taking cognisance of the matter against them was not justified. It is further held that taking cognisance in such type of cases results in abuse of judicial process,” the bench said.

The top court said that a perusal of the complaint filed by the father of the deceased, pursuant to which a crime was registered, does not indicate any specific allegations by disclosing the involvement of the accused.

“Even in the statement of 2nd respondent (father) recorded by the police and also in the final report, except omnibus and vague allegations, there is no specific allegation against the appellants to show their involvement for the offences alleged.

“This Court, time and again, has noticed making the family members of the husband as accused by making casual reference to them in matrimonial disputes,” the bench said in a recent order. —