SC Quashes POCSO Proceedings Citing Rising Trend in Vexatious Matrimonial Litigation

Aiming to curb the misuse of stringent penal laws in matrimonial disputes, the Supreme Court set aside criminal proceedings against a father and his family members, highlighting the dangers of ‘matrimonial bouquets’ of false allegations.

A bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan heard the appeal challenging the Allahabad High Court’s refusal to quash a complaint involving allegations of rape and sexual harassment under the Bharatiya Nyaya Sanhita, 2023 and Protection of Children from Sexual Offences Act, 2012. The Court observed that the judicial process was being leveraged as an 'arm-twisting' tactic amid a series of pre-existing civil and criminal litigations between the estranged spouses.

Verbatim Repetition and Lack of Medical Evidence

The Court scrutinized the statements recorded under Section 223 and Section 225 of the Bharatiya Nagarik Surakshta Sanhita, 2023, noting that the prosecutrix's testimony was a 'parrot-like' reproduction of the complainant's allegations. It found that the absence of medical examination was fatal to the prosecution's case, especially given the gravity of the allegations, such as the insertion of a hammer handle.

The Court, in its reasoning, observed: "This is not a case of there being consistency in all the statements but a case of verbatim reproduction of statements almost parrot-like, as a result of tutoring by the complainant and possibly her family... A casual invocation of a grave charge of rape, that too, against the father of the prosecutrix, carries with it a greater social taboo and stigma that cannot be washed off easily."

Court Directions

The Court has the following directions:

"The impugned order dated 15.09.2025 of the High Court is set aside and consequently, Complaint Case No.05 of 2025 dated 10.09.2024, cognizance order dated 07.02.2025 and the summoning order dated 18.08.2025 before the Court of Special Judge (POCSO Act)/Additional District & Sessions Judge, Meerut thereto stand quashed qua the appellants herein."

Background: A Bitter Matrimonial Battle

The dispute originated from a marriage in 2008 that deteriorated into multiple legal battles, including cases under Section 498A of the Indian Penal Code, 1860 and the Protection of Women from Domestic Violence Act, 2005. The complainant alleged that her minor daughter, who had been in the appellants' custody for fourteen years, was sexually assaulted by her father and uncle.

However, the Bench noted that the complaint was filed four months after the complainant gained custody of the child, providing ample opportunity for tutoring. Relying on the principles established in State of Haryana vs. Bhajan Lal, the Court concluded that the allegations were inherently improbable and malicious. The Court also referred to Dara Lakshmi Narayana vs. State of Bihar ( "(2025) 3 SCC 735": 2024 CaseBase(SC) 857), Geddam Jhansi vs. State of Telangana, and Achin Gupta vs. State of Haryana ( "(2025) 3 SCC 756": 2024 CaseBase(SC) 180) to emphasize that family members should not be implicated in matrimonial discords without specific, credible evidence.

Case Details:
Case No.: Criminal Appeal No. of 2026 (Arising out of SLP (Crl.) No.18035 of 2025)
Case Title: Ishwar Chand Sharma & Others vs. State of Uttar Pradesh & Another

Source: 2026 CaseBase(SC) 501