The Supreme Court of India has expressed serious concern over what it described as a growing trend of filing false POCSO and sexual offence cases against husbands and their relatives as a pressure tactic in matrimonial disputes.

A Bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan made the observations while quashing criminal proceedings initiated against a man and his family members under the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita.

The case arose from a complaint filed by a woman against her estranged husband, mother-in-law, sister-in-law and brother-in-law, alleging that her minor daughter had been subjected to sexual assault by her father and paternal uncle. The complaint also contained allegations of physical abuse by other family members.

The Supreme Court noted that the husband and wife had been embroiled in matrimonial litigation since 2011 and had already initiated more than ten civil and criminal proceedings against each other before the POCSO complaint was lodged.

After examining the complaint, witness statements and other materials on record, the Court found that the allegations lacked specific factual details, including the dates and circumstances of the alleged incidents. The Bench observed that the statements of the complainant and the child appeared to be almost identical and suggested possible tutoring.

The Court remarked that children are increasingly being drawn into matrimonial conflicts and used against fathers and paternal relatives through vague and unsupported allegations. It cautioned courts to carefully scrutinize such complaints at the threshold stage, especially where long-standing matrimonial disputes already exist.

The Bench also highlighted the absence of medical evidence supporting allegations of repeated sexual assault and the claim that a hammer handle had been inserted into the child's private parts. According to the Court, no medical records or examination reports were produced despite the seriousness of the allegations.

Holding that the accusations were inherently improbable and unsupported by sufficient material, the Supreme Court set aside the Allahabad High Court's order and quashed the complaint, cognizance order and summoning order against the accused family members.

The Court, however, clarified that its observations were confined to the facts of the present case and should not be construed as diminishing the seriousness of genuine cases involving sexual offences against women and children.

Key Observation of the Court

"Vexatious litigation in the realm of matrimonial disputes based on frivolous and false allegations should be discouraged by the courts and the members of the bar."

Advocates Dr. L.S. Chaudhary, Adv., Dr. Ajay Chaudhary, Adv.,  Mr. Bharat Chaudhary, Adv.,  Ms. Vinita, Adv.,  Ms. Monika Chaudhary, Adv.,  Ms. Pratima Vishwakarma, Adv., Ms. Anjale Patel, Adv.,  Mr. Sanjeev Malhotra, AOR appeared fro Petitioners for Respondents Advocate Dr. Vijendra Singh, AOR,  Ms. Ashwina Lakra, Adv., Mr. Amit Pai, Adv.,  Mr. Nitesh Ranjan, AOR, Ms. Avantika Chaudhary, Adv., Mr. Tathagat Dutta, Adv., Mr. Parijat Chandan, Adv., Mr. Neelaksh, Adv.