Digambararao Jayram Raibole And Others v. Sonali Nitin Raibole

2025:BHC-AUG:31551 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4459 OF 2023 DIGAMBARARAO JAYRAM RAIBOLE AND OTHERS

VERSUS

SONALI NITIN RAIBOLE ...

Advocate for Applicants : Mr. A. S. Shejwal Advocate for Respondent : Mr. N. B. Khandare ...

CORAM : SACHIN S. DESHMUKH, J.

Date : 3rd October, 2025 ORDER :- 1.

The applicants have approached this Court raising an exception to the complaint bearing P.W.D.V.A. No. 108 of 2022 and the order dated 04.07.2022 in the proceeding presented by the respondent under Section 12 with reliefs under Sections 17 and 19, 20(b) and 22 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter "Domestic Violence Act" for short) before the learned Judicial Magistrate First Class, Nanded. 2.

The applicants No. 1 and 2 are the father-in-law and mother-in-law whereas the applicants No. 3 and 4 are the brothers-in-law of the respondent. The marriage of respondent with Nitin was performed on 29.04.2021. Initially, the respondent was treated properly by the applicants. However, thereafter, the respondent allegedly was ill-treated and subjected to domestic

-2violence by the applicants on trivial issues. With the aforestated assertions, the respondent presented the complaint against the applicants.

3.

It is submitted that the allegations against the present applicants are sweeping and omnibus in nature. There is no specific role attributed. Hence, prayed to allow the application. 4.

The learned counsel for respondent opposed the application submitting that applicants have subjected the respondent to domestic violence and the allegations as against these applicants are also owing to their participation in subjecting complainant to domestic violence. Hence, prayed for rejection of the same.

5.

Having heard the learned counsel for applicants and perused the material on record, the fact remains that except the sweeping and omnibus allegations in the present complaint, no specific role is attributed to these applicants. The tendency is gaining ground in matrimonial disputes to implicate the relatives so as to subject them unnecessary hardship vis-a-vis trials and tribulations of frivolous prosecutions, which is nothing but sheer abuse of process of law.

-36.

The initiation of criminal process is a serious matter with penal consequences involving coercive measures, which can be permitted only when specific act(s) constituted the offences punishable under the relevant provisions are alleged or attributed to the accused persons. With same vigour, criminalising domestic disputes without specific allegations and credible materials to support the same has disastrous consequences for the institution of family, which is built on the cord of love, affection, cordiality and mutual trust. Institution of family constitutes the core of human society. Domestic relationships are guided by deeply ingrained social values and cultural expectations. These relationships are often viewed as sacred, demanding a higher level of respect, commitment and emotional investment compared to other social or professional associations.

7.

Thus, preservation of family relationship has always been emphasised in our society. As such, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, Court should be circumspect and judicious, and should allow invocation of criminal process only when there are specific allegations with supporting material which clearly constitute criminal offences alleged.

-48.

The matrimonial relations are founded on the strength of cordiality and trust, turn sour to an extent to make a partner hurl allegations of domestic violence and harassment against the other partner, would normally not happen at the spur of the moment and such acrimonious relationship would develop only in course of time. Accordingly, such a situation would be the culmination of a series of acts which turns, otherwise an amicable relationship, into a fractured one.

9.

In such cases involving allegations of domestic violence or harassment, there would normally be a series of offending acts, which would be required to be spelt out by the complainant against the perpetrators in specific terms to rope such perpetrators in the criminal proceedings sought to be initiated.

10.

Thus, mere general allegations of harassment without pointing out the specific role against such perpetrators would not suffice, so as to initiate the proceedings and undergo the trial and tribulations of such false case. As is recorded by this Court that complaint does not specify any specific allegations except sweeping and general assertion as against present applicants, allowing proceeding would result into sheer abuse of process of law. Pertinently, the married sister/s, those who are residing with

-5husband sufficiently establishes the false implication. 11.

Resultantly, I am of the considered view that the cases relating to domestic violence, the complaint and the allegations therein must be specific as against each and every member of the family having accusation of such offences and are sought to be prosecuted.

12.

Thus, in absence of specific allegations as against these applicants, the continuance of proceedings against the applicants, would amount to sheer abuse of process of law. In order to achieve the ends of justice, the impugned complaint presented under the Domestic Violence Act deserves to be quashed and set aside to the extent of the applicants only. Hence, following order :-

ORDER

I.

Application is allowed.

II.

The proceeding bearing P.W.D.V.A. No. 108 of 2022 for the offences under Section 12 with reliefs claimed under Sections 17 and 19, 20(b) and 22 of the Protection of Women from Domestic Violence Act, 2005, pending before the learned Judicial Magistrate First Class, Nanded, is quashed and set aside to the extent of applicants.

(SACHIN S. DESHMUKH, J.) Omkar Joshi