Expressing serious concern over in-laws being dragged in to settle scores in criminal cases arising out of marital disputes and children being used to vilify each other, the Supreme Court has quashed a POCSO case registered against an aunt of a minor, whose parents are locked in bitter matrimonial dispute.

A Bench of Justice JB Pardiwala and Justice K Vinod Chandran disapproved of the view taken by the Bombay High Court which had refused to quash a case without examining the material on record.

"It is commonplace, nay customary that in-laws are dragged in to settle scores in cases arising out of marital discord and often children are used to vilify each other. But we are shocked by the allegations raised herein by the divorced mother that her son is constantly molested sexually by his paternal aunt,” the Bench in its July 23 order.

The FIR was alleged to be a counterblast to an FIR lodged by the divorced father with an equally shocking allegation against the maternal uncle, here alleging the offence against the twin sister of the boy, it noted.

After perusing the divorce decree dated September 2023 passed on the basis of mutual consent, the Bench said the appellant is the paternal aunt of the twins born in the wedlock of her brother, who is now divorced.

Children were under the custody of the father with visitation rights to the mother’s home, and the mother alleged that the complaint of sexual harassment was raised by her son even while she was in the matrimonial home, and she also spoke of having witnessed one such incident, it noted.

No such allegation was raised even at the time of divorce, nor was a complaint raised at any time before the FIR was filed on March 17, 2024, just a few hours after the father filed an identical FIR, it said, adding the FIR, on a plain reading did not inspire confidence.