Case Note & Summary
The present criminal appeal arose from an order of the Allahabad High Court refusing to quash criminal proceedings against the appellants, who are the husband (appellant No.1), mother-in-law (appellant No.2), sister-in-law (appellant No.3), and brother-in-law (appellant No.4) of the complainant. The complainant had lodged a complaint under Sections 65, 74, 352, 351(2), 115 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) alleging that the appellants had sexually assaulted her minor daughter (the prosecutrix). The background of the case reveals a long-standing matrimonial discord between the parties. The complainant married appellant No.1 in 2008, and a daughter was born in 2009. In 2011, due to matrimonial disputes, the complainant left the matrimonial home, and the children remained with the appellants. Subsequently, multiple criminal and civil proceedings were initiated by both sides, including an FIR under Section 498-A IPC and a complaint under the Domestic Violence Act. The present complaint was filed in 2025, alleging that the appellants had committed sexual offences against the minor daughter. The appellants sought quashing of the proceedings before the High Court under Section 528 BNSS, which was dismissed. The Supreme Court, after examining the allegations and the background, found that the complaint was a product of the ongoing matrimonial feud and that the allegations were exaggerated and lacked credibility. The Court noted that the prosecutrix had been living with the appellants since 2011 and there was no prior complaint of sexual abuse. The Court held that continuing the criminal proceedings would be an abuse of the process of law and accordingly quashed the proceedings.
Headnote
A) Criminal Law - Quashing of Proceedings - Abuse of Process of Law - Section 528 BNSS - Allegations of sexual assault under POCSO Act and BNS against husband and in-laws in a matrimonial dispute - The Court examined whether the complaint was a product of matrimonial discord and found the allegations to be exaggerated and vindictive - Held that continuing the proceedings would be an abuse of the process of law, and thus the proceedings were quashed (Paras 2-20).
Issue of Consideration
Whether the criminal proceedings under the POCSO Act and BNS against the appellants, who are the husband and in-laws of the complainant, should be quashed on the ground that the allegations are exaggerated and motivated by matrimonial discord.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court order, and quashed the criminal proceedings in Complaint Case No.05 of 2025 pending before the Special Judge (POCSO Act)/Additional Sessions Judge, Meerut.
Law Points
- Abuse of process of law
- Quashing of criminal proceedings
- POCSO Act
- Matrimonial dispute
- Exaggerated allegations
- Section 528 BNSS
- Inherent powers of High Court
