Sandeep Mehta, J. - (1.) By way of this misc. petition under Section 482 Cr.P.C., the petitioners have approached this Court seeking quashing of the FIR No.398/2016 registered at the Police Station Balotra, District Barmer for the offences under Sections 323, 406 and 498A IPC.
(2.) Learned Senior Counsel Shri Anand Purohit vehemently urges that the entire crux of allegations set out in the impugned FIR is false and fabricated. The complainant herself abandoned the matrimonial home and is living separately without any cause. The complainant's father is working in the police and he has misused his influence for getting the false and fabricated FIR registered against the petitioners. He further referred to para No.G of the petition wherein, it is averred that the petitioner is ready to stay separately with the complainant to save the marriage. He further urged that as a matter of fact, the complainant party forced their way into the house of accused petitioners and caused injuries to the inmates and also outraged the modesty of the females in the family for which, an FIR No.399/2016 has been registered against them. As per Shri Purohit, the present FIR is simply a means of pre-empting the prosecution launched by the petitioners against the complainant's family members. He thus implores the Court to exercise its inherent powers and to quash the impugned FIR as amounting to an abuse of process of law.
(3.) Per contra, learned Public Prosecutor has placed on record, the detailed factual report of the I.O. as per which, thorough investigation was conducted after registration of the impugned FIR and the I.O. came to a conclusion that the petitioners indulged in inflicting harassment and torture upon the complainant soon after her marriage with the petitioner No.2 Shri Narpat Singh. The complainant was carrying an advanced pregnancy of eight months and she was brutally assaulted and was turned out of the matrimonial home immediately whereafter, the FIR came to be lodged. The complainant's allegations have been verified during investigation by the injury report and bank statements as per which, the accused withdrew the amount of FDR gifted to the complainant by her father. He thus craves dismissal of the misc. petition.;