Thane Sessions Court Discharges Pune-Based Family In Domestic Violence Case, Calls Allegations 'Omnibus' And Vague

Thane: The Thane Sessions Court recently discharged a Pune-based family from a domestic violence case filed by their daughter-in-law, observing that the allegations made against the in-laws were “omnibus” in nature and lacked specific details to justify framing of charges.

The court allowed the revision application filed by the parents-in-law, sister-in-law, and the husband of the sister-in-law, challenging the order of a lower court that had rejected their discharge plea under Sections 498-A, 406, 323, 504, 506, and 34 of the Indian Penal Code.

The complainant, the wife had alleged harassment and cruelty after moving to her matrimonial home in Pune. However, the court noted that she had voluntarily left the house in November 2021 under the pretext of attending a wedding and began residing separately at her parental home in Haryana without informing her husband or his family.

According to the case records, the complainant returned briefly in January 2022 to collect her belongings and allegedly threatened the accused with legal action before leaving. The husband subsequently filed a non-cognizable (NC) complaint and also initiated divorce proceedings in a Pune court. The domestic violence case was then filed with the Mira Road Police Station, which the accused claimed was a retaliatory move.

While allowing the discharge, the court criticized the trial court’s earlier order for being “cryptic” and lacking proper reasoning. The Sessions Court found that the allegations made in the FIR and witness statements were vague, general in nature, and failed to meet the legal standards required for charges under Section 498-A IPC.

“The allegations are not only general and vague in nature but are also omnibus allegations. Moreover, none of these allegations can be said to meet the requirements of the definition of cruelty,” the court noted, adding that the sole witness, the complainant’s mother, had no direct knowledge and her statement was hearsay.

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The court also addressed the issue of jurisdiction raised by the applicants, noting that while the informant claimed she was residing in Mira Road after the discord, this alone does not establish a strong basis for the case at that location. However, the court chose not to dismiss the case on jurisdictional grounds and instead focused on the merit of the allegations.

After examining case laws cited by both parties, the court held that the material on record failed to disclose essential ingredients of the alleged offences, thus warranting discharge under Section 239 of the CrPC.