VIJAY BISHNOI, J. - (1.) Heard learned counsel for the petitioners as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.
(2.) The petitioners apprehend their arrest in connection with FIR No.163/2015 of Police Station, Mahila Thana, District Jodhpur East for the offences punishable under Sections 498-A, 406, 323 and 354/511 IPC.
(3.) Learned counsel for the petitioners has submitted that prior to filing of FIR No.163/2015 at Police Station, Mahila Thana, District Jodhpur East for the offences punishable under Sections 498-A, 406, 323, 354/511 IPC, the complainant had already filed divorce petition under Section 13 of the Hindu Marriage Act before the Family Court, Jodhpur and when the house-band of the complainant i.e. petitioner - Jagdish has refused to give divorce to the complainant and showing his willingness to contest the divorce petition, the complainant has lodged this false FIR against the petitioners. It is submitted that the conciliation proceeding between the complainant and the petitioner - Jagdish has also been failed on account of adamancy of the complainant to give divorce to the petitioner - Jagdish. It is also submitted that the dowry articles have already been handed-over to the Investigating Officer on 18.12.2015 and the same have also been received by the complainant and, therefore, there is no need to custodial interrogation of the petitioners.;