Chequered Matrimonial Dispute Is Taking Toll Of Process Of Law: Bombay HC Quashes FIR Lodged By Judicial Officer Against In-Laws

The Aurangabad Bench of the High Court was considering a Petition filed by the Petitioners seeking quashing of FIR registered under Sections 109, 120B, 34, 447, 451, 452, 384 of IPC. The Criminal Writ Petition contained some additional prayers seeking direction to initiate inquiry against an Ad-hoc District Judge for alleged misuse of post and power as a Judicial Officer with help of Police authorities to register false and imaginary offence against the petitioners.

The Division Bench comprising Justice S.G. Chapalgaonkar & Justice Vibha Kankanwadi said, “Criminal proceeding in such matters would be an abuse of process of law.”

Advocate N.K. Tungar appeared for the Petitioners while Advocate A.B. Kadethankar appeared for the Respondents.

The FIR, in this case, was lodged by an Ad-hoc District Judge. It was alleged therein that the accused persons hatched a conspiracy with a view to earn benefit of maintenance amount through his wife, who is a Schizophrenic patient and under supervision of experts. It was alleged that in the month of June, 2019, he had been transferred as Ad-hoc District Judge Nanded. It was alleged that her parents, brother and relatives were creating obstacles in providing medical aid to his wife with intention to take undue benefit of her poor mental health and extract financial benefits from the informant.

Despite the previous settlement, the accused persons were persistent in taking disadvantage of the Schizophrenic condition of his wife and instigated her to file various proceedings for maintenance. It was further alleged that the accused persons had illegally entered the house with criminal intent and instigated his wife to raise false allegations and file proceedings against him with intention to earn benefit through maintenance amount.

The applicants in Criminal Writ Petition are wife’s parents, brother and her relatives. It was their case that the respondent had consistently ill-treated his wife under the pretext that she is a schizophrenic patient. It was submitted that the proceeding ought to have been dropped by police authorities, however, they proceeded to register false complaints owing to the power and position of the respondent being a Judicial Officer.

The Bench took note of the fact that in all 23 criminal and civil matters had been instituted by them against each other, which included criminal cases under Section 498-A, proceeding under the Protection of Women from Domestic Violence Act, the proceedings for maintenance by wife, proceeding for divorce by respondent No.6, and FIRs for various offences.

“Prima facie, this Court is of the view that the chequered matrimonial dispute is taking toll of process of law. It is difficult to find out who is at fault; but, fact remains that the machinery of Police and Courts has been exerted by the parties. Be that as it may”, the Bench said.

From the contents of FIR and charge sheet, presence of the petitioners was not discernible at the time of incident. Though the charge sheet was filed for the offences under Sections 341, 342, 384,451, 452, 109 r/w. 34 of IPC, the Bench didn’t find that the ingredients to make out a case for aforesaid offences were present in this case.It was further held that the statement of the wife showed that she was residing in a flat along with her parents and children on her own volition and there was nothing to show that the respondent was confined by any of the accused persons.

Thus, partly allowing the Criminal Writ Petitions, the Bench quashed the First Information Report and set aside the consequential criminal proceedings.

Cause Title: X vs. State Of Maharashtra [Neutral Citation-2024:BHC-AUG:27073-DB]

Appearance:

Petitioners: Advocate N.K. Tungar

Respondents: Advocates A.B. Kadethankar, APP A.V. Lavte, Advocates Vishal A. Kakade, Shaikh Majhar A. Jahagirdar

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