- (1.) K. S. Rakhra, J. Heard the learned Counsel for the petitioners, learned A. G. A. and perused record.
(2.) WITH the consent of the learned A. G. A. and the petitioners, this petition itself is being finally disposed of. The wife opposite party No. 2 lodged an FIR which was registered as crime No. 42/2005 under Sections 498-A, 323, 504, 506, 342, 511 IPC and 3/4 of Dowry Prohibition Act. The FIR was lodged on 5- 6-2005. The police after investigation submitted charge-sheet against the petitioners who were as many as 8 in number and of one family or related to each other. The argument is that the petitioners have been falsely implicated on account of enmity. The attention of this Court has been drawn to the fact that the husband had filed suit for restitution of conjugal rights against the wife on 2-5-2005. Prior to filing of suit, the husband had issued notice on 30-4-2005 to the wife which was duly served on her on 4-5-2005. The submission is that after receiving this notice, a false complaint has been lodged under Section 156 (3) Cr. P. C. on 7-5-2005.
(3.) AFTER considering the submission of the learned Counsel for the petitioner and also keeping in view the fact that the arguments raised by the learned Counsel, rest on controversial question of facts, this Court is of the view that direction so far as quashing of charge-sheet is concerned cannot issued. However, in view of the circumstances mentioned above, some protection may be provided to them against unnecessary arrest. The petition is finally disposed of with the direction to the petitioners to appear before the Court concerned within 15 days of passing of this order and if they do so, the Court will permit them to file appearance bonds to his satisfaction for their regular appearance in the case. Application disposed of. .;