J.B. Pardiwala, J.

1. By this application under section 482 of the Code of Criminal Procedure, 1973, the applicants-original accused persons seek to invoke the inherent powers of this Court praying for quashing of the first information report being C.R. No. I-24 of 2015 registered with the Dehgam Police Station, District: Gandhinagar for the offence punishable under sections 323, 504 read with section 114 of the Indian Penal Code and sections 3 and 7 of the Dowry Prohibition Act.

2. The case of the first informant may be summarized as under;

2.1 The first informant got married sometime in the year 2011 with the applicant No. 1 herein, namely, Yakubbhai Hasanbhai Mansuri. It is stated in the first information report that in the wedlock, no issues were born. It is alleged that soon after the marriage, the husband and the other members of his family started harassing her, both physically and mentally. She left the matrimonial home and came back at her parental home. It is stated that, thereafter, many attempts were made for an amicable settlement, but the first informant could not reconcile with her husband. It is alleged that on 7th December, 2014, her husband, i.e., the applicant No. 1 and the brother of the husband, i.e., the applicant No. 2, namely, Razakbhai Hasanbhai Mansuri came at her parents' house at Dehgam and misbehaved with her and her parents. It is alleged that threats were administered and the husband insisted for dissolving the marriage.

2.2 I take notice of the fact that the applicant No. 1 is the husband, the applicant No. 2 is the brother of the husband, the applicant No. 3 is another brother of the husband and the applicant No. 4 is also the brother of the husband. The other female accused are the wives of the respective brothers of the husband.

2.3 It appears from the materials on record that within six months from the date of the marriage, the first informant left her matrimonial home and returned to the house of her parents. This is evident from the judgment and order passed by the Family Court, Ahmedabad dated 17th February, 2014 in the Criminal Misc. Application No. 596 of 2011 filed by the wife for maintenance under section 125 of the Cr.P.C.

2.4 It appears that for a period of four years, the first informant did not deem fit to lodge any first information report. The incident of 7th December, 2014 has been just created for the purpose of avoiding explaining the delay in filing the first information report. As usual, the first informant has implicated one and all members of the husband's family, which includes the married sister-in-laws.

3. Mr. Saiyed, the learned counsel appearing for the first informant has filed an affidavit-in-reply, duly affirmed by his client, wherein it has been stated as under;

"2. I say and submit that my marriage with the petitioner No. 1 was solemnized in 2009. That on 17.2.2010 I was forced to leave my matrimonial home. That my first marriage was solemnized with a person who was mentally retarded and therefore had resulted in divorce. Therefore, I wanted to save second marriage and even after my forced exit from my matrimonial home, I did not file any complaint. That for the purpose of maintenance, I filed maintenance Application in the year 2011, wherein I have averred about ill-treatment meted out to me, as well as demand of dowry. However, a week before 7.2.2015, the petitioner No. 1 sent letter at my place, which was returned un-served. That I have learnt that the petitioner No. 1 is conveying the said letter was that of divorce and as I did not accept the said letter on 7.2.2015 alongwith Razakbhai, he came to my house and attacked me, for which I filed an FIR. That the neighbour are witness to the above incident, that could be verified from the police papers. That in order to save this second marriage, initially I did not file complaint however I went to the Police Station and conveyed it and the Police has recorded the summary of facts. Therefore, since FIR does not