Cruelty and dowry harassment FIR lodged after divorce application by husband - Quashed as abuse of court process

Supreme Court Quashes FIR in Matrimonial Dispute for Lack of Specificity, Allegations in FIR deemed vague and sweeping; proceedings against husband's family halted while case against husband continues.

In a landmark decision, the Supreme Court of India has quashed an FIR against the in-laws of a woman who alleged cruelty and dowry harassment, citing the lack of specific details in the complaint. The judgment was delivered by a bench comprising Justices Dipankar Datta and Augustine George Masih in the case of Chennamsetty Venkateswara Rao v. State of Andhra Pradesh. The FIR was originally filed by the woman's father after her husband had applied for divorce.

The court emphasized that while an FIR need not contain exhaustive details, it must provide foundational particulars necessary to establish a prima facie case of a cognizable offense. The bench referred to a precedent set in Dara Lakshmi Narayana v. State of Telangana, underscoring that vague and omnibus allegations, especially in matrimonial disputes, cannot justify the ongoing invocation of criminal law.

The appellants, who are the woman's in-laws, were accused of offenses under Sections 498A, 420, 323, 506 read with Section 34 of the Indian Penal Code, along with Section 4 of the Dowry Prohibition Act, 1961. The FIR was lodged after the woman's husband, referred to as A-1, filed for divorce. The Supreme Court noted that the couple had lived in the USA for a significant period post-marriage, and the timing of the FIR suggested retaliatory motives.

The court criticized the High Court of Andhra Pradesh for not exercising its inherent powers under Section 482 of the Code of Criminal Procedure to prevent the misuse of the legal process. Consequently, the Supreme Court set aside the High Court's decision and quashed the FIR against the in-laws, while proceedings against the husband will continue as per the law.

Senior Advocate Mr. K. Parameshwar represented the appellants, arguing that the FIR lacked specific details and was filed as a vendetta following the divorce application. Meanwhile, Ms. Prerna Singh, representing the respondent, maintained the allegations were valid.

This judgment serves as a stern reminder against the misuse of legal provisions in matrimonial disputes and reinforces the need for specific and credible allegations to sustain criminal proceedings.

Bottom Line:

Allegations in matrimonial dispute must not be vague, sweeping, or omnibus in nature and must disclose specific details to constitute a prima facie case. Abuse of legal process must be prevented.

Statutory provisions: Indian Penal Code, 1860 Section 498A, Code of Criminal Procedure, 1973 Section 482, Dowry Prohibition Act, 1961 Section 4

Chennamsetty Venkateswara Rao v. State of Andhra Pradesh, (SC) : Law Finder Doc id # 2821776