Chetankumar Jain, s/o Late. Shri Vilas Jain vs State of Goa, Through Police Inspector, Women’s Cell, Panaji

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Bom) 865

M. S. KARNIK, VALMIKI MENEZES
Chetankumar Jain, s/o Late. Shri Vilas Jain – Appellant
Versus
State of Goa, Through Police Inspector, Women’s Cell, Panaji – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Ms Anarkali A. Agni, Senior Advocate with Ms Afrin Harihar Khanm, Advocate
For the Respondent:Mr Shailendra G. Bhobe, Public Prosecutor, Ms Tejaswini Kole, Advocate with Mr Ashwin Naik, Advocate

Table of Content
1. jurisdiction and petition disposal mentioned. (Para 1 , 2)
2. background facts of the marriage and disputes. (Para 3 , 4 , 5 , 6)
3. complainant's counter-affidavit addressing allegations. (Para 7)
4. petitioner claims fir abuse; key arguments set out. (Para 8 , 9)
5. court evaluates preliminary objections on maintainability. (Para 10 , 11 , 12 , 13 , 14)
6. court findings based on existing records. (Para 17 , 18 , 19)
7. analysis of section 498-a ipc. (Para 20 , 21 , 22 , 23 , 24 , 25)
8. specific criteria for establishing cruelty. (Para 30 , 31 , 32)
9. final decision quashing fir based on analysis. (Para 36 , 37 , 38 , 39)

JUDGMENT :

Valmiki Menezes, J.

1. Rule. Rule made returnable forthwith and by consent of the parties, the petition is disposed of finally.

2. This Criminal Writ Petition invokes our jurisdiction under Article 226 of the Constitution of India as also our inherent powers under Section 482 of the Code of Criminal Procedure 1973. The petition seeks the quashing of a First Information Report bearing No.8/22 dated 19.09.2022 filed by the Respondent No.3 before the Women’s Police Station, North Goa alleging an offence committed by the two Petitioners under Sec