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.
CASE NOTE & SUMMARY
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.
ISSUE OF CONSIDERATION
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
Date of Decision: 2024-06-10
Case Title: Shri Rajaram Vithal Jadhav Ors. Versus The State of Maharashtra Ors.
Before Judge: A. S. GADKARI AND DR. NEELA GOKHALE, JJ.
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.
Appellant: Shri Rajaram Vithal Jadhav Ors.
Respondent: The State of Maharashtra Ors.