No purpose in continuing criminal case against kin after divorce: SC

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.