A division bench of the Apex Court held as follows,
From Para 22,
22. The fact that the present complaint which ultimately culminated in the impugned order was filed by the complainant subsequent to the grant of divorce between the first accused and the complainant’s daughter, is a fact discernible and indisputable. This had occurred in Canada. A perusal of the final report would reveal that even after the investigation no material whatsoever worthy to connect the appellant with the offences was seen collected. Therefore, the question is whether the vague, and at the same time, highly exaggerated versions of FIR and the proceedings subsequent thereto can be permitted to be proceeded against accused Nos.5 and 6. In short, on a careful consideration of FIR and the final report and materials we have no hesitation to hold that there is nothing on record to suggest, even prima facie that they would constitute the alleged offences against the accused No.6.
From Para 23,
23. A scanning of the FIR and the subsequently filed final report would reveal that the allegation against accused No.5, who is the wife of accused No.6, are also of the same nature. It is relevant to note that she is related to the husband of complainant’s daughter only through her marriage with cousin brother of the first accused viz., accused No.6. When the subject FIR and all further proceedings pursuant therefrom were quashed against the said cousin brother viz., accused No.6, the same reasons must apply to the case of accused No.5 as well. We are of the considered view that the High Court ought to have interfered and quashed the subject FIR and all other proceedings therefrom in relation to accused No.5 viz., the wife of accused No.6 as well. To secure interest of justice in the circumstances obtained, we are of the considered view that filing of the chargesheet cannot be a reason for interfering with impugned order in respect of accused No.6 or rejecting the prayer of accused No.5 to quash the proceedings and to make them to argue or to raise the legal and factual issues at the stage of framing of the charges. It is evident that making them to face the trial based on the allegations or accusation as referred above would be nothing but an abuse of process of court.
Citations: [2024 INSC 896]
Other Sources:
https://indiankanoon.org/doc/101620228/
https://www.casemine.com/judgement/in/67458986e8c0441261878a34
https://www.verdictum.in/court-updates/supreme-court/payal-sharma-v-state-of-punjab-2024-insc-896-over-implication-of-close-relatives-of-husband-in-alleged-dowry-cases-1559200
https://lawbeat.in/supreme-court-judgments/dowry-harassment-cases-supreme-court-stresses-courts-duty-check-exaggerated-versions
https://testbook.com/recent-judgements/payal-sharma-vs-state-of-punjab
Karnataka High Court relied on this Judgment in Crl.Pet.No.13296/2024 to grant interim stay.
Index of Quash Judgements is here.
