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Tag: Samad Habib Mithani and Ors Vs State of Maharashtra and Anr

Samad Habib Mithani and Ors Vs State of Maharashtra and Anr on 25 Jul 2024

Posted on August 13, 2024 by ShadesOfKnife

A division (women!) bench of Bombay High Court at Bombay quashed a fake case on in-laws.

From Para 10,

10…
Hence, from the above mentioned statements of the relatives of the Respondent No.2, it is obvious that there are no serious allegations as such against the present Applicants. These are merely omnibus allegations which are not supported by any evidence, as regards the ill-treatment and cruelty meted to the Respondent No.2. The allegations in the complaint are general and vague without specific examples of cruelty and harassment. The record and the statements do not support the allegations made against the present Applicants. The complaint against the present Applicants is not supported by any documents, letter, e-mails, message to support the allegation of cruelty and harassment.

From Para 16,

16. In our opinion, the case of the present Applicants would fall under the category (ii) from the above referred three categories, where the allegations in the FIR or the complaint taken to its face value and accepted in their entirety do not constitute the offence alleged. Merely, remarks in the complaint about the supporting the accused No.1 while narrating some of the incidents would not perse amount to committing the offences which they have been alleged of. It would be unfair to continue the prosecution against the present Applicants for the conduct of the accused No.1, in which they have been unfortunately dragged. From the various incidents which have been narrated by the Respondent No.2 as well as the witnesses, who are her near relatives, there does not appear to be complicity of the present Applicants. The continuation of present proceedings against the Applicants would cause injustice and hardship to the Applicants. Even otherwise, the material collected during the investigation does not support the charges levelled against the present Applicants. The malafide proceedings initiated against the present Applicants needs to be curbed at this stage itself, in order to prevent abuse or process of law and miscarriage of justice, since it is obvious that the allegations are not supported by any other cogent material and have been made with a view to wreak vengeance against the present Applicants.

Samad Habib Mithani and Ors Vs State of Maharashtra and Anr on 25 Jul 2024

Index of Quash judgments is here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Achin Gupta Vs State of Haryana and Anr Catena of Landmark Judgments Referred/Cited to Discourage Roping In All Relatives Of In-Laws Or Distant Relatives IPC 498a - Not Made Out Against Parents or Relatives Misuse of Women-Centric Laws Preeti Gupta and Anr Vs State Of Jharkhand and Anr R.P. Kapur Vs State of Punjab Samad Habib Mithani and Ors Vs State of Maharashtra and Anr | Leave a comment

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