The Supreme Court on Tuesday held that criminal proceedings against the family members of an estranged couple should not continue once the marriage has ended in divorce, observing that such action serves “no legitimate purpose” and only prolongs animosity.
A bench of Justices B.V. Nagarathna and K.V. Viswanathan quashed an FIR lodged against a father-in-law under the Dowry Prohibition Act and Section 498A of the Indian Penal Code, citing the absence of specific and proximate allegations. The case was filed by the daughter-in-law before the couple’s divorce in 2021.
Invoking its powers under Article 142 of the Constitution to “do complete justice,” the court said:
“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 emphasised that such proceedings unnecessarily burden the criminal justice system and prolong bitterness between families. It cautioned against the “recurring tendency” to implicate every member of the husband’s family, regardless of their role or actual involvement, in matrimonial disputes.
Referring to earlier judgments, the court reiterated that relatives who live separately or have no connection with the matrimonial home should not be dragged into criminal cases without clear and detailed allegations, terming such action an “abuse of law.”
The order came in an appeal challenging the Madhya Pradesh High Court’s refusal to quash the FIR. Noting that the divorce decree had attained finality and both parties were now leading independent lives, the Supreme Court ruled in favour of quashing the proceedings to bring a “quietus to personal disputes that have run their course.”
