- (1.) The petitioners, who happened to be the husband and the relations of the husband of the opposite party no. 2, invoking inherent jurisdiction of this Court, moved this application for quashing of a FIR relating to offence punishable under Section 498/34 of the Indian Penal Code.
(2.) The Learned Counsel appearing on behalf of the petitioners vehemently urged the following points in support of the prayer for quashing; (a) The very initiation of the impugned criminal proceedings against the petitioners was absolutely illegal inasmuch as the content of the complaint by itself did not disclose commission of the offences as alleged. (b) No FIR can be recorded for offence punishable under Section 498/34 IPC, a non-cognizable offence and the police has no power either to record FIR or to undertake any investigation thereupon.
(3.) Heard the Learned Counsel appearing on behalf of the petitioner as well as the Learned Counsel appearing on behalf of the State. Perused the Case Diary containing the evidentiary materials.;