Sandeep Mehta, J. - (1.) The instant misc. petition and the application for anticipatory bail have been moved in relation to F.I.R. no. 114/2013 registered at the Police Station Mahila Thana (West), Jodhpur.
(2.) The petitioner no. 1 Chandra Prakash is the complainant's husband whereas the petitioner no. 2 Khemraj is her father in law. The complainant Smt. Kiran was married to the petitioner Chandra Prakash on 11.5.2005. A son was born from the wedlock in November, 2006. It appears that owing to some financial squabbles, the relations between father and son fell into discord. The husband started his own pursuits in share business. The father in law - the petitioner no. 2 tried to involve the complainant in his business in the year 2008. The things carried on in this manner for about 1-1/2 years. The husband went to Jaipur in order to start his own separate business. The complainant accompanied her husband to Jaipur. For some time, the relationship between the husband and wife continued smoothly. Ultimately disputes arose between the complainant and her husband and the differences reached to such an extent that the complainant left her husband's house and came to Jodhpur with her son and started living at her father's house in the year 2011.
(3.) The petitioner No.2 husband purportedly came to Jodhpur and attempted to take his son away from the complainant's custody. An F.I.R. No. 179/2013 was filed on 24.7.2013 at P.S. Sardarpura, Jodhpur by Om Prakash the father of the complainant herein against the petitioner Chandra Prakash, Shakuntala and others for alleged trespass and assault. In the said F.I.R. there was no allegation that the complainant (who was living with her father for the last nearly 1-1/2 years) had been ever subjected to harassment on account of bringing less dowry or was ever subjected to any kind of sexual abuse by any member of her in laws. An F.I.R. No.178/2013 was filed by Chandra Prakash the petitioner against his in-laws wherein the police has filed a charge sheet against Om Prakash, father of the complainant u/ss. 323 and 341 I.P.C. The complainant was examined during the course of investigation of F.I.R. No. 179/2013 filed by her father. In the said statement she did not level any allegation of any cruelty having been meted out to her on account of demand of dowry. She also did not make a whisper of sexual harassment in the said statement.;