Wife's Complaint Against Husband, His Family Must Be Scrutinised: Delhi High Court
NDTV
Justice Navin Chawla said where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that she would get a complaint properly drafted through her lawyer making specific allegations against each one of them.
The Delhi High Court has said that the courts must scrutinise a wife's complaint or FIR against her husband or his family to determine whether the allegations carry elements of truth or are merely an instance of "clever drafting".
The high court said though the court is not expected to conduct a mini-trial, it also cannot be a mere spectator and refuse to exercise the power of quashing a criminal case where it finds that continuing with the proceedings would defeat the ends of the justice and amount to insurmountable harassment, agony, and pain to the accused.
This would be an abuse of the criminal process, it said.
