G.S. Sarraf, J. - (1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioners for quashing the FIR No. 13/2008 registered at the police station Srimadhopur district Sikar under Ss. 498A, 406,323,506,120B IPC.
(2.) Heard learned counsel for the petitioners, learned P.P. and learned counsel for the respondent No. 2.
(3.) Learned counsel for the petitioners submits that marriage of Gulab who is the daughter of the respondent No. 2 with the petitioner No. l Prahlad was solemnized on 19.04.2007 and on the very next day the petitioner Prahlad came to know that Gulab was impotent and, therefore, on 08.10.2007 he filed an application against Gulab under Sec. 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') on the ground of her impotency. He submits that in order to put pressure on the petitioner Prahlad in the proceedings under Sec. 12 of the Act the respondent No. 2 Birbal (father of Gulab) has lodged the FIR on 02.01.2008 falsely implicating the petitioners and the FIR is malicious and has been filed in abuse of the process of the Court. He, therefore, prays that the FIR be quashed. He has placed reliance on, 2006 ACJ 04 (S.C.) :, 2006(3) CCC 640 (S.C.) :, 2006 (2) WLC (SC) Cri 253 and, 2007 (2) RCC 556.;