High Court Quashes Proceedings Against In-Laws in Matrimonial Dispute. Court rules allegations vague, finds continuation of case against deceased's parents-in-law an abuse of legal process.


Summary of Judgement

Jurisdiction and Abuse of Legal Process in Matrimonial Dispute. The legal aspects, proceedings, and judicial findings regarding the petitioners' challenge to the F.I.R. in the matrimonial dispute.

Introduction:

  • Petitioners: Father-in-law and mother-in-law of Mrs. Amrapali, deceased.
  • Legal Basis: Article 226 of the Constitution of India invoked.
  • F.I.R.: CR No. 329/2013, Yerwada Police Station, Pune.
  • Sections: IPC 498A (cruelty) and 306 (abetment of suicide).

Court Proceedings:

  • Representation:
    • Petitioners' Counsel: Mr. Mali
    • State's Counsel: Mr. Shalgaonkar
    • Informant's Counsel: Mr. Bhujbal
  • Interim Relief: Granted on December 11, 2013, restricting chargesheet without court permission.

Allegations and Case Details:

  • F.I.R. Allegations: Husband accused of addiction, harassment, and suicide instigation.
  • Petitioners' Involvement: Allegations of general mental torture and cruelty.

Legal Arguments and Precedents:

  • Petitioners' Defense: Allegations vague and unsubstantiated.
  • Supreme Court Precedents: Cited against vague accusations in matrimonial disputes.

Judicial Findings:

  • Acquittal of Principal Accused: Husband acquitted due to lack of evidence.
  • Comparison of Allegations: Petitioners' allegations less severe and general.
  • Court's Conclusion: Proceedings against petitioners an abuse of legal process.

Court Decision:

  • Order: Petition allowed, proceedings against petitioners quashed.
  • Final Ruling: Upheld based on abuse of legal process and lack of substantive allegations.

 

Case Title: Shri Rajaram Vithal Jadhav Ors. Versus The State of Maharashtra Ors.

Citation: 2024 Lawtext (BOM) (6) 107

Case Number: CRIMINAL WRIT PETITION NO. 3940 OF 2013

Advocate(s): Mr. Pawan Mali a/w. Mr. Kushal Ambulkar for Petitioners. Mr. A.S. Shalgaonkar, A.P.P. for Respondent No.1-State. Mr. Ganesh Bhujbal i/b. Mr. B. D. Shinde for Respondent No.2.

Date of Decision: 2024-06-10