The central legal point established in the judgment is the need for careful scrutiny of complaints in matrimonial cases and the exercise of inherent powers under Section 482 of the Code of Criminal Procedure to prevent abuse of the legal process.

ORDER :

1. The present application is filed under Section 482 of the Code of Criminal Procedure, 1973 ('Code’ for short) with the following prayers :

“13(A) YOUR LORDSHIPS be pleased to quash and set aside the FIR being C.R.No.I-7/2011 registered with Mahila Police Station, Rajkot City, charge sheet and all further proceedings in pursuance thereto, qua the present petitioner, in the interest of justice;

(B) YOUR LORDSHIPS be pleased to quash and set aside the impugned order dated 16/06/2015 passed by Addl.Chief Judicial Magistrate, Rajkot below Exh.40 in Criminal Case No.2885 of 2011 as well as order dated 14/10/2019 passed by Ld. 7th Additional Sessions Judge, Rajkot in Criminal Revision Application No.48 of 2015, in the interest of justice;

(C) YOUR LORDSHIPS be pleased to stay the further proceedings of Criminal Case No.2885 of 2011 pending in the Court of Addl.Chief Judicial Magistrate, Rajkot, pending the admission, hearing and final disposal of this petition.

(D) xxxxx”

2. The facts of the case of the present applicant, as stated in the application, are such that the impugned FIR is filed by the complainant-respondent no.2 against the applicant and other accused alleging that she is married to accused no.1; the accused nos.2 to 4 are father-in-law, mother-in-law and brother-in-law of the respondent no.2 and the present applicant is the sister-in-law of the respondent no.2- complainant; it is alleged that as the respondent no.2 belongs to other community, all the accused persons were instigating her husband and also pressurizing her husband for a divorce and all the accused took over her entire stridhan and due to their constant harassment, sometimes her husband used to beat her up; that one day, her husband -accused no.1 went to Surendranagar without informing her and she came to know that her husband wanted a divorce from her and after that her husband never came back to her; and therefore, since then, the respondent no.2 is staying with her parents in Rajkot city. Thus, the impugned complaint is filed, which is prayed to be quashed by way of this application.

3. Heard learned advocate Mr.Shahi for the applicant, learned APP Mr.Jayswal for the respondent no.1 and learned advocate Ms.Bhatt for respondent no.2.

3.1. Learned advocate Mr.Shahi for the applicant submitted that the applicant is a housewife and sister-in-law of respondent no.2; that the marriage of the present applicant was solemnized on 2.12.2000 and she stayed with her in-laws at Taluka Dhangadhra, Dist.Surendranagar for few years; thereafter as the services of her husband were transferable, they stayed in Ahmedabad city from July, 2007 to July, 2009, thereafter from August 2009 to April, 2014, they stayed in Bhavangar city and since May, 2014, they are residing in Rajkot city; that the applicant is staying separately with her husband, after her marriage took place on 2.12.2000 and much before the marriage of the respondent no.2 i.e. on 1.4.2009; therefore, there is no question of the present applicant staying with the respondent no.2. He, therefore, submitted that the impugned complaint is filed on 25.2.2011 and therefore, there is no question of the applicant getting involved in harassing the applicant. He, therefore, submitted that respondent no.2 has implicated the present applicant just for the sake of roping all the family members of her husband-accused no.1 and therefore, this application be allowed.

3.2 It is submitted that after the investigation, the chargesheet is filed against all the accused including the applicant, the criminal case number being Criminal Case No.2885 of 2011 was also registered before the Addl.Chief Judicial Magistrate, Rajkot. During the pendency of the said case, the applicant filed discharge application, which was rejected vide order dated 16.6.2015 by the Addl.Chief Judicial Magistrate, Rajkot. Thereafter, being aggrieved by the said order, revision application was filed which was also rejected by the 7th Additional Sessions