“Growing Tendency” To Make Grave Allegations For Winning Matrimonial Battles: Delhi HC

The Delhi High Court in a recent judgement stated “strongly deprecated” the use of children as tools in the criminal justice system to harass and intimidate the other party, while noting the “growing tendency” of making grave allegations to win matrimonial battles.

The court made observations while quashing a case under the POCSO Act against a father on the basis of a settlement with the complainant’s mother and his estranged wife.

Justice Dinesh Kumar Sharma observed that, the dispute arose due to matrimonial discord between the parties, which resulted in 2 FIRs against the husband for mental and physical harassment, cruelty, dowry demand etc, and inappropriately touching the private part of his daughter.

In view of the settlement between the parties following a mutual divorce, the court ruled that no useful purpose would be served by continuing the cases when the complainant did not wish to pursue them and the POCSO case was stated to have been lodged on account of a “misunderstanding”.

It directed the father, a lawyer, to take up 10 pro bono cases, “This court acknowledges the growing tendency in parties alleging grave allegations on one another merely to win matrimonial battles and strongly deprecates the practice of children being used as an instrument to set the criminal justice in motion solely to harass or intimidate the other party. Be that as it may, this Court under 482 CrPC has the inherent jurisdiction to quash any criminal proceedings in order to secure the ends of justice or to prevent the abuse of the process of the court,” said the court in a recent order.

However, since the cases placed a “burden on the criminal justice system.”

The court stated, Secretary, Delhi State Legal Service Committee is requested to assign 10 cases which the petitioner shall do pro bono.

In the order, the court stated that the children born out of wedlock would be free to pursue their legal rights in accordance with the law.

Also, it was said that the Supreme Court as well as the high court has ruled that cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement.

Meera Verma

Recent Posts

Punjab & Haryana HC Notice To Jindal Law School Over AI-Generated Exam Claims

The Punjab and Haryana High Court on Tuesday has issued a notice to Jindal Global…

11 hours ago

ED Files Money Laundering Complaint Against Charanjit Singh Bajaj, 4 Others

The ED on Tuesday has filed a Prosecution Complaint before the Special Court in Mohali…

12 hours ago

Pune Porsche Case: SC Rejects Anticipatory Bail To Father Of Minor Driver’s Friend

The Supreme Court on Tuesday denied bail to Arunkumar Devnath Singh, whose son is a…

13 hours ago

SC Dumps Plea Against Quashing LOC For Sushant Singh Rajput’s Ex-House Help

The Supreme Court on Tuesday dismissed the Centre's appeal against a Bombay High Court order…

13 hours ago

Rape Case: SC Issues Notice On Ex-Army Officer’s Plea For Quashing Charge sheet

The Supreme Court on Tuesday has agreed to review a plea from retired Army Captain…

14 hours ago

Chhattisgarh NAN Scam: FIR Against 2 Retired IAS Officers, Former AG

The Chhattisgarh Anti-Corruption Bureau on Tuesday has registered a case against 2 retired IAS officers…

14 hours ago