Specific allegations and roles of each accused in the complaint are essential for sustaining the charges under the Indian Penal Code.

ORDER :

1. Heard Mr. Ajay R. Mehta, learned advocate appearing for the respondent No. 2-original complainant.

2. None appears for the applicants.

3. By way of present application, the applicants has prayed for the following reliefs:

“(A) Quash the FIR being registered as II-C.R. No. 3007/2013, at Himmatnagar Mahila Police Station, Sabarkantha for the offence under Section 498(A), 323, 504, 506(2), 494 and 114 of the Indian Penal Code and subsequent filing of Charge-sheet and Criminal Case No. 1887 of 2014 pending in the court of Chief Judicial Magistrate, Prantij.

(B) Pending admission and/or final disposal of this petition, further proceedings of Criminal Case No. 1887 of 2014 pending in the court of Chief Judicial Magistrate, Prantij, be stayed.

(C) Pass such other orders as though fit in the interest of justice.”

4. The facts germane for adjudication of the present dispute as stated in the application herein by the applicant as stated under:

4.1 That the marriage between the present applicant No. 1 and the respondent No. 2 was solemnized as per rites and rituals of their community on 17.02.2004 at Village-Poglu, Tahsil-Prantij, Sabarkantha. That the complainant and the applicant No. 2 in the initial two years of the marriage led a healthy and contended life and that during that period the complainant was employed as government teacher (Vidya-sahayak) at Karimpura, Talod. The complainant also states that at that relevant time the husband of the complainant i.e. the present applicant No. 1 who was unemployed till then, had secured a government job as teacher at Village Pegia, Tahsil Dhanera, Banaskantha and thus resultantly the complainant was left alone with the applicant No. 2 and 3 at complainant's matrimonial home.

4.2 The complainant further states that the applicant No. 1 was employed and had to live away due to reasons of employment, the applicant nos. 2 and 3 started harassing the complainant by passing sarcastic comments that the complainant's father did not give anything by way of dowry in her marriage.

4.3 The complainant also states that at time when her husband used to visit them the applicant Nos. 2 and 3 used to influence the applicant no. 1 and make him pick quarrels with the complainant on trivial issues.

4.4 The complainant also states that she left her matrimonial house on her own volition in 2006 and thereafter, the applicants herein by mediation of their relatives approached the present complainant and her father for taking the complainant back to her matrimonial home and the complainant did go back to live with the present applicant No. 1. However, subsequently the applicants herein chucked her out of her matrimonial home and the complainant had no other redress but to live at her parental house at Poglu.

4.5 The complainant further states that due to extra-marital relations of the applicant No. 1 herein the applicant No. 1 is adamant upon divorcing the present complainant and as a result of the same expelled the complainant out of her matrimonial house. In view of above, the respondent No. 2 was constrained to register the impugned FIR as stated above.

5. Mr. Ajay Mehta, learned advocate appearing for the respondent No. 2-original complainant submitted that the FIR being II-C.R. No. 3007 of 2013 registered with Himmatnagar Mahila Police Station, Sabarkantha for the offences punishable under Section 498(A), 323, 504, 506(2), 494 and 114 of the Indian Penal Code at the instance of the respondent No. 2-original complainant has culminated into charge-sheet on 15.01.2013 being charge-sheet No. 15 of 2013, which is duly produced on record at Page No. 14 and Criminal Case No. 1887 of 2014 which is pending before the court of Chief Judicial Magistrate, Prantij. For the aforesaid reasons also this Court may not interfere at this stage, exercising its discretion under Section 482 of the Code of Criminal Procedure and that the applicants herein be relegated to trial.

6. Ms. Vrunda C. Shah, the learned Additional Public Prosecut