New Delhi: The Supreme Court on Friday (February 7), while quashing the criminal proceedings against the family members – the maternal aunt and cousin – of the main accused in a domestic violence case, said that all the family members or relatives of an accused should not be indiscriminately brought within the criminal net in a sweeping manner in the absence of specific charges.
A bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh quashed the criminal proceedings against the family members while hearing an appeal against an order of the Telangana High Court refusing to quash criminal proceedings against the family members against whom the complainant woman, besides her husband and her in-laws, filed a domestic violence case.
Some family members may not extend help but it does not mean they are also perpetrators of domestic violence: Apex Court
“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,” the bench said.
The bench further said 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 clearly indicate their involvement and instigation.
Implicating all relatives without making specific allegations would amount to abuse of process of law: Apex Court
“Hence, implicating all such relatives without making specific allegations and attributing offending acts to them and proceeding against them without prima facie evidence that they were complicit and had actively collaborated with the perpetrators of domestic violence, would amount to abuse of the process of law,” the bench said and added, “The purpose and mandate of the law to protect the victims of domestic violence is of paramount importance, and as such, a balance has to be struck by ensuring that while perpetrators are brought to book, all the family members or relatives are not indiscriminately brought within the criminal net in a sweeping manner.”
The bench further said that for a matrimonial relationship which is founded on the basis of cordiality and trust to turn sour to an extent to make a partner to hurl allegations of domestic violence and harassment against the other partner, would normally not happen at the spur of the moment and such acrimonious relationship would develop only in course of time and thus, in such cases involving allegations of domestic violence or harassment, there would normally be a series of offending acts, which would be required to be spelt out by the complainant against the perpetrators in specific terms to rope such perpetrators in the criminal proceedings sought to be initiated against them.
Invoking criminal process is a serious matter with penal consequences involving coercive measures: Apex Court
The bench further said that invoking criminal process is a serious matter with penal consequences involving coercive measures, which can be permitted only when specific act(s) which constitute offences punishable under the penal code or any other penal statute are alleged or attributed to the accused and a prima facie case is made out and it applies with equal force when criminal laws are invoked in domestic disputes.
Criminalising domestic disputes without specific allegations may have disastrous consequences for institution of family: Apex Court
“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. Institution of family constitutes the core of human society. Domestic relationships, such as those between family members, are guided by deeply ingrained social values and cultural expectations. These relationships are often viewed as sacred, demanding a higher level of respect, commitment, and emotional investment compared to other social or professional associations,” the bench said.
“For the aforesaid reason, preservation of family relationship has always been emphasised upon. Thus, 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 criminal process only when there are specific allegations with supporting materials which clearly constitute criminal offences,” the bench added.
Observations should not be generalised to mean that relatives cannot be brought under the purview of penal provisions: Apex Court
The bench, however, made it clear that its observations should not be generalised to mean that relatives cannot be brought under the purview of the aforesaid penal provisions when they have actively participated in inflicting cruelty on the daughter-in-law/victim.
“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,” the bench said.
