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.