Expressing serious concern over estranged couples filing frivolous criminal cases, including those under the POCSO Act, to settle personal scores, the Supreme Court has asked the courts below to remain vigilant and scrutinise them meticulously.“We wish to underline a worrying trend that has come to our attention. Parties involved in matrimonial or commercial relationships with one another are resorting to filing of frivolous and vexatious claims and allegations of a criminal nature to settle personal scores and grudges against each other and therefore turn to nefarious/oblique means to attain the said objective,” a Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan said.The Bench quashed more than 10 criminal cases, including those under the POCSO Act and rape provisions of the Bharatiya Nyaya Sanhita (BNS), against a husband and his family members.One of the cases filed by the wife alleged that her 14-year-old daughter was raped by her husband and her brother-in-law and was also physically assaulted by other in-laws.he top court cautioned against judicial overreach and mechanical acceptance of allegations and asked the courts below to exercise “utmost caution and restraint” while entertaining such proceedings, as mistakes can have far-reaching consequences on the mental and physical well-being of the parties involved and may undermine the sanctity of the institution of marriage.“The Courts have to be extremely careful before taking cognizance of complaints made while invoking the provisions of rape, especially in cases where parties have already been heavily embroiled in matrimonial litigation, since the scope of manipulation, fabrication and vexatious litigation is exponentially high due to pre-existing bad blood between the parties who are often emotionally charged against one another and allegations of rape becomes an aid towards arm twisting tactics” the Bench said, setting aside an Allahabad HC verdict.Strongly disapproving of the growing trend of false and frivolous cases under the Protection of Children from Sexual Offences (POCSO) Act being filed in the backdrop of matrimonial and other personal disputes, the top court noted that such misuse of criminal law caused severe hardship to innocent persons and burdened the justice system.Writing the verdict for the Bench, Justice Nagarathna said, “In this regard, we would be remiss to not highlight the recent upswing in the false and frivolous matrimonial cases which have unfortunately brought to the fore the uglier side of litigation.“A recent trend in this regard is when the wife resorts to filing false complaints and cases under POCSO Act alleging that the husband, who is also the father of the minor child, has committed wanton acts which are sexual in nature especially against the minor daughter,” she wrote.“At the centre of this sort of litigation is a child who is often used by her mother against her father, against her will and wishes, so as to make false and vexatious complaints against her father and other male members of her paternal family in order to exact revenge or as an arm-twisting tactic to obtain a higher monetary settlement or to simply harass,” the Bench said.The Bench noted that such complaints under the POCSO Act against husbands, who were also fathers of minor children, particularly daughters. were at times used as a tool to gain leverage in matrimonial litigation, secure higher monetary settlements, or harass the opposing party.Noting that the misuse of the POCSO Act was not confined to matrimonial disputes, the Bench said false complaints were sometimes filed in situations involving family feuds, neighbourhood disputes, business rivalries, and financial disagreements between borrowers and lenders as well.Such allegations were occasionally used as a means of vengeance or as a pressure tactic to compel the accused to yield to the complainant’s demands.It said, “There are also instances where in cases of enmity between the members of a family, between neighbours or business partners or associates, or even between borrowers and lenders of financial assistance, a weapon of harassment being resorted to is a complaint under the POCSO Act at the instance of a parent of a child (in most cases being the daughter) so as to wreak vengeance or to get over civil disputes between the parties by a subdued accused under the said Act yielding to the demands of the complainant.“Also, the threat of a false complaint under the POCSO Act is used as a means to escape legal consequences arising out of a commercial transaction, a matrimonial dispute or such other disputes,” the Bench said.Once matrimonial relationships turned bitter, criminal law was often invoked as an instrument of personal animosity, vengeance and pressure tactics, it said, adding, such a “matrimonial bouquet” frequently included allegations of dowry harassment, cruelty under Section 498A IPC, domestic violence and harassment against in-laws.any such cases were characterised by vague, sweeping and omnibus allegations that lacked factual particulars or supporting evidence.A “tell-tale sign” of vexatious litigation was the tendency to implicate numerous members of the spouse’s family, including elderly and ailing relatives, through broad allegations that do not disclose specific acts attributable to each accused.The Bench, however, clarified that its remarks were confined to peculiar facts of the present case and should not undermine genuine complaints of sexual abuse or matrimonial cruelty.“We are conscious of the fact that there are many instances where women are gravely affected by matrimonial disputes and violence that they have to endure at the hands of the spouse and in-laws… Such cases deserve our utmost attention and judicial scrutiny,” Justice Nagarathna said.It emphasised that genuine cases of child sexual abuse deserved the highest degree of attention and sensitivity from investigating authorities and courts and that serious allegations supported by credible material must be pursued vigorously to their logical conclusion.