
Legal Information by Sewadar Sunny Sachdeva
February 21, 2025 at 01:59 PM
Vague Allegations Insufficient: Supreme Court Quashes Dowry and Domestic Violence Cases Against In-Laws, emphasizing need for specific charges and evidence, preventing abuse of law.
*Case Name: GEDDAM JHANSI vs. THE STATE OF TELANGANA.*
*Citation: 2025 INSC 160*
"There is nothing in the words of this section which restricts the exercise of inherent powers by the Court to prevent the abuse of process of court or miscarriage of justice only up to the stage of the FIR."
"The gravamen of the plea of the appellants in both the appeals is that the allegations against them are vague and are of a generalised nature without any specific overt act attributed to them, thus, incapable of being fastened with criminal liability, which unfortunately, the High Court had failed to appreciate."
"Charge-sheet is filed only on culmination of the investigation during which time the investigating agency collects all the relevant evidence in support of the complaint on the basis of which a clear prima facie case indicating commission of the offence must be made out against the accused warranting trial. "
"Criminalising domestic disputes without specific allegations and credible materials to support the same may have disastrous consequences for the institution of family, which is built on the premise of love, affection, cordiality and mutual trust."
"we are of the view that in criminal cases relating to domestic violence, the complaints and charges should be specific, as far as possible, as 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."
"As far as the present appellants are concerned, these witnesses including the complainant merely make generalised allegations without any specific evidence against them."
*Points to Remember*
*Specific Allegations:*
Criminal proceedings in domestic violence and dowry harassment cases require specific allegations of wrongdoing against each accused individual. Vague and generalized accusations are not sufficient.
*Hearsay Evidence:*
Statements that are not based on personal knowledge but rather on what the witness heard from others (hearsay evidence) cannot be the basis of a criminal charge.
*Abuse of Process:*
The court can use its inherent powers under Section 482 of the CrPC to prevent the abuse of legal process, even after a charge sheet has been filed.
*Family Implication:*
Family members who are mere observers or are not directly involved in alleged acts of violence should not be indiscriminately implicated in criminal proceedings.
*Evidentiary Scrutiny:*
Courts must carefully scrutinize evidence and ensure that charges are supported by credible materials and not mere repetitions of allegations.
*Caution in Domestic Disputes:* Courts should be circumspect and judicious when domestic disputes are brought within the ambit of criminal proceedings and should allow invocation of criminal process only when there are specific allegations with supporting materials.
Residence: The residence of the accused is also a relevant factor while determining culpability in domestic violence cases.