In Ishwar Chand Sharma & Ors. v. State of UP & Anr, Supreme Court expressed concern over the increasing misuse of criminal law in matrimonial disputes. Court described it as the “uglier side of litigation” and highlighted a growing trend of false POCSO cases being filed against husbands.

The case arose from an acrimonious matrimonial dispute in which the wife alleged that her 14-year-old daughter had been repeatedly raped by her husband and his brother, while the husband’s mother and sister-in-law had allegedly assaulted, threatened, and abused the child. Court noted that more than 10 civil and criminal proceedings were already pending between the parties, reflecting a long-standing matrimonial conflict.

Court closely examined the complaint and found that the allegations of rape were entirely vague and omnibus. The complaint merely alleged that the husband had raped the child without disclosing dates, circumstances, specific acts, or any factual details. Court held that a blanket allegation of rape, unsupported by factual details or prima facie evidence, cannot justify the initiation of criminal prosecution.

Court further noted that the complaint, mother’s statement, and prosecutrix’s statement were virtually identical in language, sequence, and narration. It concluded that this was not a case of natural consistency but rather one suggestive of tutoring and influence.

Court also found that the allegations against grandmother and aunt were unsupported by any corroborative material. Serious accusations of assault, criminal intimidation, abuse, and insertion of a hammer handle into child’s vagina were not backed by medical records, injury reports, or any independent evidence.

Court further observed that no medical examination or report had been produced to support the allegations of rape or physical assault. It held that, in the peculiar circumstances of the case, the absence of medical evidence, coupled with vague allegations and contradictions, rendered the prosecution's case highly improbable and implausible.

Court also observed that false POCSO cases are increasingly being used in family disputes, neighbourhood conflicts, business rivalries, and financial disagreements as a tool of harassment and coercion.

Therefore, Court stated that where allegations are vague, omnibus, unsupported by evidence, and appear to be motivated by personal vendetta, courts must intervene at the threshold to prevent abuse of the legal process.

Court further urged advocates to restrain parties from filing false and frivolous cases and cautioned lawyers against advising litigants to institute concocted criminal proceedings merely to keep the opposite side under pressure for settlement.

Accordingly, SC quashed the complaint, cognizance order, and summoning order against all the accused family members, and allowed the appeal.