JUDGMENT :

1. This is an application filed by the applicants under Section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR being I-C.R.No.32 of 2014 registered with Dhangadhra City Police Station, District Surendranagar for the offences punishable under Sections 498-A and 114 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Applicants before this Court are the father-in-law, husband, brother-in-law, aunt’s son and aunt’s daughter.

2. It is the case of the prosecution that the love marriage of the complainant, namely, Khusbooben Pujara solemnized with applicant No.2 on 06.09.2012. Due to the love marriage, with the help of the applicant Nos.4 and 5, initially they stayed in rented premises where as per the version of the FIR she was treated well for some time. Thereafter, harassment and torturing was started by the applicant No.2 on the domestic work. It is further alleged that the applicant No.2 was suspecting on chastity of his wife. Younger brother of the accused, who is applicant No.3 had started staying with the applicant No.2 and the complainant where it is alleged that he was having evil- sight and not properly behaving with the complainant. On making complaint to the husband i.e. applicant No.2, the husband disclosed the said things to the applicant Nos.4 and 5, who are the cousin brother and sister and thereafter all the four persons had started abusing to the complainant, beating and confining in the room and not allowing to move outside the room. When the father-in- law-applicant No.1 was informed by the complainant with regard to the harassment meted out at the end of the applicant No.2, he also favoured to the husband and all five persons were asking to have the dowry from the father of the complainant and demanding Rs.2 Lakh and 10 tola gold. At the end, she was threatened that if, she would not surrender as per their say, she would set a fire by pouring kerosene. This harassment and torturing were continued for six months and thereafter when the complainant called the parents and informed with regard to the behavior of the applicants, the father of the complainant informed to come back to the parental house. It is further alleged that when she reached to the parental house, she was further threatened by the husband that if she will come out from the house then acid would be thrown on her face and they would ruin the life of the complainant. With the above mentioned allegations, the FIR came to be lodged with Dhangadhra City Police Station for allege section.

3. This Court on 26.11.2019 while issuing the Rule had passed the following order:

“1. Heard the learned advocates appearing for the parties.

2. Considering the averments made in the FIR, it appears that vital allegations levelled in it, not finding place in the proceedings initiated by the wife vide Family Suit No.490 of 2015 seeking divorce on the ground of cruelty. The said Suit has come to be filed within less than 6 months of the marriage and they started residing together. At the same time, except husband, rest of the applicants, who are staying separately from her even from the first date of their marriage, they have been dragged into it. Not only that, after she started residing separately from her husband, after about 5 months thereof, she has filed the impugned FIR. Not only that, the wife has preferred a Suit for decree of divorce nearly after 6 months from the date of filing of the impugned FIR. As such, decree of divorce has come to be granted by the Competent Court by dissolving the marriage.

3. Mr. Mahesh Poojara, learned advocate for the applicants, submits that according to his information, pursuant to the decree of divorce, she has already remarried. At the same time, the husband has also challenged the decree of divorce by filing First Appeal No.2081 of 2017.

4. Hence, matter requires consideration.

5. RULE. Learned APP waives service of notice of rule for and on behalf of the respondent – State. Mr