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Criminal Lawyer: Criminal proceedings against relatives of husband for cruelty and dowry on bald allegation is liable to be quashed; SC.

Supreme Court of India

Justice R. Subhash Reddy and Justice Abhay Manohar Sapre

The SC { Seenivasan v. The State by Inspector of Police & Anr. } holds that a prosecution on the basis of bald allegation against the relative of the husband( A-1), who is living at different address, is liable to be quashed by the HC. It was held by the SC in present case, it is not in dispute that the appellant-A-6, who is the husband of A-7, was residing at a different address during the time alleged demand was made.

Further, it was held that the complaint filed by the 2nd respondent, the specific allegations are only against the husband and immediate family members. It was held so far as the appellant who is A-1’s paternal uncle’s son, a bald allegation is made that he along with his mother and wife were abusing the complainant. It was further held in absence of any specific allegations against him, the appellant also stands on same the footing of A-7 against whom proceedings are quashed by the HC due to absence of allegations. It was held as the appellant was not even residing in the address of the complainant and his family members who are A-1 to A4; and in absence of specific allegations and overt acts, it was held that if the proceedings are allowed to go on against the appellant, it amounts to abuse of process. The appeal was allowed and the criminal proceedings for allegations regarding cruelty and dowry on the complaint of the wife of A-1 (husband) was quashed against the relative of the husband i.e. A-6  by the SC - setting aside the Judgment of the HC.

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