Kamal Ghorui
NEW DELHI: Criminal proceedings cannot be initiated merely based on vague and unsupported allegations, ruled SC, quashing a dowry harassment and cruelty case filed against a Kanpur-based couple in their seventies by their daughter-in-law.A bench comprising Justices B V Nagarathna and Ujjal Bhuyan noted that the case was lodged almost seven years after the alleged incidents of cruelty and observed that citizens must be vigilant about their rights and take timely action, particularly in matrimonial disputes.SC: Mere statement on dowry demand not enough to initiate criminal proceedingsThe complainant and the prosecution have failed to put forth any material evidence or substance which supports the allegations contained in the FIR and the chargesheet. A mere statement that the accused/appellants herein frequently demanded dowry and harassed the complainant for the same is not sufficient to initiate criminal proceedings against them…” the apex court bench said.On a petition filed by the couple and their daughter seeking to quash the case against them, Supreme Court further said the prosecution had failed to provide any sufficient cause for the delay, which casts aspersions on its case.“We find that citizens who allege commission of an offence should not dawdle on their rights but should rather pursue them in real time in order to achieve the ends of justice — vigilantibus non dormientibus jura subveniunt, meaning the law protects those who are vigilant about their rights”. The court emphasised that such delay (or lack thereof) matter in matrimonial cases or criminal cases between spouses because, due to the personal nature of the allegations and the relationship, such cases often lack adequate evidence to prove or disprove the claims.
