- (1.)THE present application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants original accused Nos.2 to 4 to quash and set aside the impugned FIR being C.R.No.II-25 of 2011 registered with Rajkot Mahila Police Station for the offences punishable under Sections 498(A), 323 and 504 of the Indian Penal Code.
(2.)MR.Jigar Gadhavi, learned advocate appearing on behalf of the applicants does not press the present application qua applicant No.1 original accused No.2 mother-in-law and seeks permission to withdraw the present application qua applicant No.1 original accused No.2. Permission is accordingly granted. The present application is dismissed as withdrawn qua applicant No.1 original accused No.2. Therefore, this Court is required to consider the prayer of applicant Nos.2 & 3 original accused Nos.3 & 4 only to quash and set aside the impugned FIR qua them.
At the outset, it is required to be noted that respondent No.2 original complainant has categorically made statement before the Investigating Officer that so far as applicant No.3 original accused No.4 is concerned, he has stated that his name is given through oversight and by mistake and he has not committed any offence as alleged. Mr.Trivedi, learned advocate appearing on behalf of respondent No.2 original complainant has also stated at the bar that in view of the above, he has no objection if the impugned FIR is quashed and set aside qua applicant No.3 original accused No.4. Learned advocate appearing on behalf of the respective parties have submitted that they do not invite any further reasoned order in quashing and setting aside the impugned FIR qua applicant No.3 original accused No.4. Under the circumstances, this Court is not passing any further reasoned order while quashing and setting aside the impugned FIR qua applicant No.3 herein original accused No.4. However, suffice it to say that original complainant has made categorical statement before Investigating Officer that applicant No.3 original accused No.4 has not committed any offence as alleged. Under the circumstances, the present application is allowed qua applicant No.3 herein original accused No.4 and the impugned FIR being C.R.No.II-25 of 2011 registered with Rajkot Mahila Police Station for the offences punishable under Sections 498(A), 323 and 504 of the Indian Penal Code is hereby quashed and set aside so far as applicant No.3 herein original accused No.4 is concerned.

Now so far as applicant No.2 herein original accused No.3 is concerned, Mr.Jigar Gadhavi, learned advocate appearing on behalf of applicant No.2 has vehemently submitted that as such applicant No.2 has not committed any offence as alleged and only allegation against applicant No.2 is that she is staying in the near locality where the original complainant and her in-laws were staying and she used to instigate her mother-in-law and her husband to harass her. Therefore, it is requested to consider the case of applicant No.2 herein.

(3.)MR.Trivedi, learned advocate appearing on behalf of respondent No.2 original complainant has tried to oppose the present application qua applicant No.2 herein original accused No.3. However, he is not in a position to dispute the same that except instigation being sister-in-law (husband's brother's wife), there is no other allegations against applicant No.2 herein original accused No.3. However, he has requested that if this Court is inclined to quash and set aside the impugned FIR qua applicant No.2 herein original accused No.3, in that case, the same may be without prejudice to the rights and contentions of the respective parties against the other accused persons.
Having heard learned advocate appearing on behalf of the respective parties and considering the nature of allegations and averments made against applicant No.2 herein, who is wife of brother of the husband, to the effect that she used to visit the house of the in-laws frequently and instigating mother-in-law as such there are no other allegation against her, it appears to the Court that this is a fit case to exercise the powers under Section 482 of the Code of Criminal Procedure and to quash and set aside the impugned FIR qua applicant No.2 herein original accused No.3. However, the same shall be without prejudice to the rights and contentions of the respective parties against the other accused persons and the present order shall not come in the way of the prosecution against other accused persons.