- (1.) HEARD learned counsel for the parties.
(2.) THE instant misc. petition has been preferred by the petitioners seeking quashing of F.I.R. No.93/2011 registered against them at P.S. Mahila Thana, District Jodhpur, for the offences under Sections 498A and 323 IPC, at the instance of the respondent no.2. Succinctly stated the facts necessary for the disposal of the instant misc. petition are that the respondent no.2 Renu Chouhan lodged an F.I.R. at the Police Station, Mahila Thana, Jodhpur alleging inter alia that she was married to petitioner no.1 Dinesh on 4.11.2003. She further alleged that right from the date of marriage, her inlaws were harassing her on the count of bringing less dowry. She further alleged that on 20.4.2011, the accused crossed all limits and assaulted her and also tried to set fire to her but she managed to make good her escape and went to the Police Station, Nagaur where she became unconscious. The police officers took her to the hospital where she was provided treatment. Thereafter, her mother was called from Jodhpur to Nagaur and she brought her to Jodhpur and ultimately, the FIR No.93/2011 was filed at P.S. Mahila Thana, Jodhpur with the aforesaid allegations. The petitioners, who are the accused in the FIR, have approached this Court by way of the instant misc. petition seeking quashing of the FIR impugned on the ground that the FIR filed by the complainant against the accused persons was absolutely frivolous and malafide. It has been submitted on the strength of certain documents filed along with the petition that the marriage of the complainant with the petitioner no.1 Dinesh was solemnised on 4.11.2003 in a Community Marriage Ceremony (Samuhic Vivah Sammelan) which took place at Harni Mahadev Temple at Bhilwara. Counsel for the petitioner contended that the complainant established illicit relations with one Vinod and eloped with him. An FIR regarding her elopement was filed at P.S. Mahila Thana, Nagaur by the petitioner no.1 Dinesh as being FIR No.29/2010. The complainant was examined in connection with the said FIR under Section 164 Cr.P.C. by the learned Judicial Magistrate (First Class), Nagaur on
(3.) 2.2011 and in the said statement, she has stated that she used to talk to Vinod who was a distant relative of her husband Dinesh. Her husband used to suspect her as having illicit relations with Vinod. She further stated that Vinod's sister requested her to find a suitable match for Vinod and accordingly, she found a match for Vinod. Thereafter, on the instructions of her parents, she terminated the relations by informing the girl's parents. On this Vinod and her family members started accusing her for having broken the ties. On 7.11.2010, Vinod met her in the market and requested her to take tea with him. There, while having tea, Vinod accused Smt. Renu of unsettling his proposed marriage without any justification. While she was talking with Vinod, her husband and brother-in-law (jeth) came to the hotel, on which Vinod ran away. She further alleged that Vinod was having a large debt on him. Her husband started accusing about her relations with Vinod and she unsuccessfully tried to appease her husband by trying to convince him that she was not having any illicit relations with Vinod. Thereafter, she alleged that her husband took out the sim of mobile phone and broke it and called her father to Nagaur and told him about the incident which happened at the hotel. He forbade her from carrying the mobile phone and she agreed that she would not retain the mobile. Thereafter, her father went back. On the same night, her husband saw her with a mobile on which she was assaulted. In the morning, she left her marital home along with her daughter for going to Jodhpur. When she reached Jodhpur bus stand, she saw Vinod waiting for her in a maruti van. She alleged that somebody had informed Vinod that she was coming to Jodhpur and thus Vinod devised a plan to take her away. Vinod allegedly took her forcibly to Surat in the maruti van. From Surat, Vinod took her to Shirdi in an Indica car. She was assaulted by Vinod and Vinod also snatched away her ornaments and money. They started living in a rented house at Shirdi. Vinod's relative Deokaran informed him on telephone that a case had been registered against them at Nagaur, after that Vinod went away and did not return for two days. She approached the landlady in whose house, they were staying. Upon no information about Vinod being given to her, she called her father who instructed her to come back to Jodhpur. Since she was not having any money, she requested the landlady to lend her some money but the landlady did not provide her with any assistance on which she did the job of selling shawls in a concern named, Gangwal Wholesale for 15 days, earned some money and then came back to Jodhpur. On coming back to Jodhpur, her father scolded her. Her husband was called to Jodhpur but he did not turn up. The complainant further alleged that she became apprehensive and went back to Shirdi for searching the boy (Vinod) and for earning livelihood. There, her landlady advised her to go back to her father on which she came back. The petitioner no.1 Dinesh in turn coming to know of these facts filed a Divorce Petition in the Court of the Additional District Judge, Nagaur on 16.3.2011 praying for dissolution of his marriage with Smt. Renu on the ground of adultery by impleading her and Vinod as respondents in the divorce application. Notice of the divorce application was issued to Smt. Renu and Vinod for showing cause on 27.4.2011. The specific fact averred by Dinesh in the divorce application was that his wife had eloped with Vinod after taking away some ornaments and Rs.20,000/- cash and their daughter. The statements of the complainant recorded by the Magistrate under Section 164 Cr.P.C. were also quoted in the divorce application. After more than one month of the application for divorce, the complainant has lodged the impugned FIR involving the petitioners for the aforesaid offences. 4. The petitioners have now approached this Court seeking quashing of the impugned FIR.;