SC Flags Misuse of Criminal Cases in Marital Disputes, Quashes POCSO FIR Against Aunt

NEW DELHI, Jul 25: The Supreme Court has expressed concern over the growing tendency to implicate in-laws in criminal cases arising from marital disputes and using children as tools to settle personal scores, while quashing a POCSO case registered against the paternal aunt of a minor boy. A bench comprising Justices J.B. Pardiwala and K. Vinod Chandran set aside the FIR, observing that criminal proceedings should not be used as a weapon in matrimonial conflicts. “It is commonplace, nay customary, that in-laws are dragged in to settle scores in cases arising out of marital discord and often children are used to vilify each other. But we are shocked by the allegations raised herein by the divorced mother that her son is constantly molested sexually by his paternal aunt,” the bench said in its July 23 order. The court noted that the FIR appeared to be a counterblast to a complaint earlier filed by the divorced father against the maternal side of the family, involving similar allegations concerning the couple’s twin children. The bench observed that the appellant is the paternal aunt of the twins born to the estranged couple, who obtained a divorce by mutual consent in September 2023. The children are in the father’s custody, while the mother has visitation rights. The court pointed out that although the mother claimed her son had disclosed sexual abuse while she was still living in the matrimonial home and that she had witnessed one such incident, no such allegation was made during the divorce proceedings or at any time before the FIR was lodged on March 17, 2024—just hours after the father filed a similar complaint. “On a plain reading, the FIR does not inspire confidence,” the bench observed. Appearing for the appellant, advocate Sana Raees Khan argued that the prosecution was a clear abuse of the criminal justice process and had been initiated solely to settle personal scores in a bitter custody dispute. She contended that the allegations surfaced only after the father lodged an FIR against the maternal side, indicating that the complaint was retaliatory rather than a genuine disclosure of child sexual abuse. Khan further submitted that the allegations were significantly delayed and were contradicted by the minor’s statement recorded before a Judicial Magistrate under Section 164 of the Code of Criminal Procedure. The Supreme Court also criticised the Bombay High Court for refusing to quash the FIR without examining the available material, despite an earlier division bench having observed that the complaint appeared to lack substance. The apex court noted that the child’s statement before the magistrate indicated that no assault, as alleged by the mother, had taken place. “In the totality of the circumstances, we are of the opinion that there is absolutely no reason why the petitioner should be subjected to a trial,” the bench said, also noting that the complainant-mother did not appear before the court despite being served notice. The court consequently quashed the FIR registered at Khadki Police Station in Pune under Section 354 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, directing that no further proceedings be initiated in the matter.