The Bombay High Court recently dismissed the charges against a wife who was accused of using a broom to assault her husband and biting his hands.
A division bench consisting of Justice PD Naik and Justice NR Borkar, reviewed a petition brought forth by the woman aiming to invalidate the chargesheet filed against her.
In April 2022, the Sion Police Station filed an FIR against the woman, charging her with voluntarily causing harm to her husband. Allegedly, she assaulted him using a broom and bit his hands. In retaliation, the husband reportedly slapped her and subsequently lodged a complaint against her.
Following the registration of the offense, the police conducted an investigation that led to the submission of a chargesheet. During the proceedings in the high court, it was disclosed that the woman's husband had passed away on April 30, 2022.
Advocate Sagar A Shahani, representing the petitioner, argued that the alleged offenses outlined in both the FIR and chargesheet were inadequately supported. He asserted that the essential elements needed to establish the offense under Section 324 of the IPC were absent. Shahani highlighted the medical opinion furnished to the Investigating Officer, suggesting that the injuries claimed by the complainant might have been self-inflicted. Additionally, he emphasized the lack of corroboration between the witness's statement and the complainant's account.
The Court concurred with the petitioner's arguments and quashes the chargesheet, noting that the medical opinion procured by the police suggested the potential for self-inflicted injuries.
Case Title: ABC vs State of Maharashtra & Ors.
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