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.

Sub Category: Bombay High Court
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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.

2024 Lawtext (BOM) (6) 107

CRIMINAL WRIT PETITION NO. 3940 OF 2013

2024-06-10

A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

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.

Shri Rajaram Vithal Jadhav Ors.

The State of Maharashtra Ors.

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