SC on Matrimonial Disputes & Dowry Deaths: Husband's "Relatives" should not be roped in without their specific role. Read Judgment

23 Aug 2018

August 23,2018:

Supreme Court has expounded that,"Relatives of a husband should not be roped in cases of matrimonial disputes and dowry deaths unless specific instances of their involvement in the crime is made out".

Apex Court Bench comprising of Justice S A Bobde and Justice L Nageswara Rao cautioned Courts to be careful in proceeding against the "distant relatives" of husband in such cases.

Supreme Court Bench's Judgement came on a plea filed by Maternal Uncles of a man challenging a Hyderabad High Court's January 2016 verdict dismissing their Petition for quashing criminal proceedings against them in a matrimonial dispute case.

SC Bench further added that"The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out".

Apex Court stated that after considering the chargesheets filed in the matter, Court was of the view that a prima facie case was not made out against maternal uncles of the man for alleged charges of subjecting a married woman to cruelty, criminal conspiracy, cheating and kidnapping.

Complainant in the case had filed a complaint with Police alleging harassment by her husband and his family members, including his maternal uncles, and also claimed that her son was kidnapped by her husband.

Maternal uncles of the man had approached the high court seeking quashing of the proceedings against them in the case but their plea was dismissed. They had thereafter approached Supreme Court challenging High Court's verdict.

SC Bench added that,"Criminal proceedings are not normally interdicted by us at the interlocutory stage unless there is an abuse of process of a court. This court, at the same time, does not hesitate to interfere to secure the ends of justice," the bench observed.

Source PTI