In a recent decision of Disha Kapoor Vs State of Uttar Pradesh & Ors., the Supreme Court of India dismissed a Special Leave Petition filed by a wife, upholding the Allahabad High Court's invocation of Section 482 of the Code of Criminal Procedure, 1973 (Cr.PC) to quash criminal proceedings. This case highlights the judiciary's increasing concern over the misuse of criminal provisions in matrimonial disputes, particularly the tendency to indiscriminately rope in extended family members.  

The Genesis of the Dispute:

The Additional Chief Judicial Magistrate, Lucknow, after reviewing the complaint and statements recorded under Sections 200 and 202 of the Cr.PC, noted significant contradictions. The Magistrate, relying on the precedent set in Geeta Mehrotra and Anr. v. State of Uttar Pradesh and Anr., found sufficient grounds to summon only the husband, father-in-law, and mother-in-law, dismissing the case against the other seven family members.

   

Aggrieved by the summons, the husband and his parents approached the High Court under Section 482 of the Cr.PC. The High Court, citing Preeti Gupta and Anr. v. State of Jharkhand and Anr., quashed the entire proceedings. The Preeti Gupta judgment had previously expressed anguish over the escalating number of matrimonial litigations that unjustly implicate close relatives and even extended family members. It emphasized the need for courts to exercise extreme caution in such complaints, aiming not only to punish the guilty but also to protect the innocent. Crucially, it underscored that if proceedings are found to be an "abuse of process of Court," the power under Section 482 Cr.PC should be invoked to secure the ends of justice.

The Supreme Court, after hearing arguments from both sides, delved into the factual matrix. While the marriage itself was admitted, the petitioner alleged a drastic shift in treatment after the death of her husband's influential grandfather, claiming mental and physical harassment. She asserted being thrown out of her matrimonial home on September 28, 2020, suffering a fractured hand, and subsequent ill-treatment during attempts at reconciliation. Allegations of dowry demands of Rs. 50 lakhs and a Fortuner car were also made during a visit in December 2021.

Varying Accounts of Events: The petitioner's accounts of being thrown out of the house and subsequent returns on October 8, 2020, and December 16, 2021, contained differing details across her complaint and statements under Sections 200 and 202 Cr.PC.

Lack of Specificity in Allegations: While vague statements about physical violence and a fracture were made, there was no substantiating evidence of medical treatment.

Contradictory Stand in Other Proceedings: The Court observed that in an affidavit filed in a parallel Family Court proceeding (initiated by the husband for annulment of marriage), the petitioner had stated that their matrimonial life was initially "very cordial and even pleasurable." This directly contradicted her claims of immediate harassment.

Post-Allegation Cordiality: Strangely, after the alleged date of being thrown out (September 28, 2020) and subsequent threats (October 8, 2020), the husband reportedly gave the wife Rs. 50,000 on October 26, 2020, for "Karwa Chauth" and Diwali gifts, which she used to purchase an expensive saree. The petitioner herself admitted the relationship was "cordial and smooth" during this period.

Seeking Restitution of Conjugal Rights: Despite grave allegations of torture and dowry demands, the petitioner had simultaneously moved the Family Court for restitution of conjugal rights, further highlighting the contradictory nature of her claims.

The Supreme Court concurred with the High Court's assessment, finding the inconsistencies in the petitioner's various statements compelling enough to conclude that the criminal proceedings were a "clear abuse of process of the Court." The Court emphasized that its extraordinary power under Section 482 Cr.PC was rightly invoked to secure the ends of justice and prevent a criminal proceeding that lacked a genuine basis.