J.B. Pardiwala, J.

As the issues raised in all the three captioned applications are inter-related, the parties are also the same and the prayer in two of the applications filed by the accused persons is to quash the selfsame first information report, those were heard analogously and are being disposed of by this common judgment and order.

2. The Criminal Misc. Applications Nos.26957 of 2017 and 24342 of 2017 respectively are filed by the accused persons with the following prayers;

"(A) The Honourable Court may be pleased to quash and set aside the FIR being C.R. No.I-131/2017 lodged with Idar Police Station on 30.08.2017 for the offence under sections 376(a) (amended section 376-B), 377, 498(A) and 114 of the Indian Penal Code.

(B) Pending admission, hearing and final disposal of the present application, this Hon'ble Court may be pleased to stay the further proceedings arising out of the said FIR being C.R. No.I-131/2017 lodged with the Idar Police Station on 30.08.2017 for the offence under section 376(a) (amended Section 376-B), 377, 498(A) and 114 of the Indian Penal Code

(C) To pass such other further order as deemed fit in the facts and circumstances of the case."

3. So far as the third petition is concerned, i.e, the Special Criminal Application No.7083 of 2017, the same has been filed by the original first informant with the following prayers;

"(A) Your Lordships may be pleased to admit and allow this petition

(B) Your Lordships may be pleased to issue a writ of mandamus, orders, directions in the nature of mandamus by directing the respondents to carry out the investigation in pursuance to complaint dated 28.8.2017 and representation dated 01.09.2017 by the independent agency like CID Crime or CBI;

(C) Your Lordships may be pleased to consider the case of the petitioner in view of the judgment of the Hon'ble Supreme Court reported in case of Rajesh Sharma and Ors. vs. State of U.P., (2017) 2 GLH 818, Your Lordship may be pleased to direct the District Judge, S.K to scrutinize the complaint as per the interim direction of the Hon'ble Supreme Court and complaint may be sent to the appropriate authority for investigation;

(D) Pending hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondents to produce the investigation report in pursuance to the complaint dated 28.8.2017 and 1.9.2017 before this Hon'ble Court.

(E) Your Lordships may be pleased to grant any other and further relief which this Hon'ble Court may deem just, fit and proper in the interest of justice."

4. Let me first deal with the two applications, seeking quashing of the first information report.

5. It appears from the materials on record that the first informant got married with one Nimeshbhai Desai, original accused No.1 on 20th May, 2014. Soon after the marriage, matrimonial disputes cropped up between the husband and wife, which ultimately led to the filing of the first information report for the offences enumerated above. It appears that the husband of the first informant is a doctor. The first informant is also a doctor (pediatrician). The first information report is extracted hereunder;

"My name is Nikita, w/o Nimesh Bharatbhai Desai, aged about 28 years, occupation service, residing at Mahadev Vas, Kheralu, Tal. Kheralu, Dist. Mahesana. Presently residing at B-25-26, Dhaneshwar Society, Barwav Road, Idar, Dist. Sabarkantha. Mobile No. 9428312479.

  I dictate the fact of my complaint that I reside at the above address and since 20/3/2017, I am staying at Idar with my father Bharatbhai Prabhudas Desai. I work as Pediatrician in the Sanjivani Pediatric Private Hospital and I commute from Idar to Himmatnagar at the place of my service. My marriage was solemnized on 20/5/2014 with Nimesh Bharatbhai Desai at Mahadev Vas, Kheralu as per customs of our society. Since then, we were living together as husband and wife. After marriage, I stayed at Kheralu with my husband and mother-in-law and father-in-law for one mo