CHARGES SHOULD BE SPECIFIC AGAINST FAMILY MEMBERS FOR PROSECUTION, OTHERWISE IT MAY AMOUNT TO MISUSE OF CRIMINAL PROCESS
In Geddam Jhansi v. State of Telangana, 2025 SCC OnLine SC 263, the Division Bench of BV Nagarathna and N. Kotiswar Singh*, JJ in SC quashes DV and Dowry case against two and inter-alia held that: –
“In the context of matrimonial disputes, emotions run high, and as such in the complaints filed alleging harassment or domestic violence, there may be a tendency to implicate other members of the family who do not come to the rescue of the complainant or remain mute spectators to any alleged incident of harassment, which in our view cannot by itself constitute a criminal act without there being specific acts attributed to them.”
When family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be circumspect and judicious and should allow invocation of the criminal process only when there are specific allegations with supporting materials which clearly constitute criminal offences.
“When tempers run high and relationships turn bitter, there is also a propensity to exaggerate the allegations, which does not necessarily mean that such domestic disputes should be given the colour of criminality.”
The Court viewed that in domestic violence cases, the complaints and charges should be specific against each and every member of the family who are accused of such offences and sought to be prosecuted, as otherwise, it may amount to misuse of the stringent criminal process by indiscriminately dragging all the members of the family. The Court explained that there may be situations where some of the family members or relatives may turn a blind eye to the violence or harassment perpetrated to the victim, and may not extend any helping hand to the victim, which does not necessarily mean that they are also perpetrators of domestic violence, unless the circumstances indicate their involvement and instigation.
“What needs to be assessed is whether such allegations are genuine with specific criminal role assigned to such members of the family or whether it is merely a spill over and side-effect of a matrimonial discord and allegations made by an emotionally disturbed person. Each and every case of domestic violence will thus depend on the peculiar facts obtaining in each case.”