The inherent powers under Section 482 CrPC are to be exercised sparingly to prevent abuse of legal processes, especially where credible allegations are made that warrant a trial.

JUDGMENT :

J. C. DOSHI, J.

1. Heard learned Senior Advocate Mr. B.B. Naik, ably assisted by learned Advocate Mr. Pruthviraj Gohil, appearing on behalf of the petitioner; learned Advocate Mr. Pravin Gondaliya appearing for respondent No.2; and learned Additional Public Prosecutor Mr.Chintan Dave representing the respondent–State.

2. Petitioner has prayed for the following reliefs:-

“i) that the Hon'ble Court may be pleased to quash and set aside the registration of C.R.No.I-48/2016 for the offences punishable under Sections 376 , 506(2), 386, 380, 34, 120-B, 114 of IPC registered at Mahila Police Station;

ii) that the Hon'ble Court may be pleased to stay the investigation in C.R.No.I-48/2016 registered with Mahila Police Station, during pendency of this petition;

iii) that any just and proper order may be passed.

iv) Quash and set aside the FIR bearing CR no I- 48 of 2016 registered with Mahila Police Station, Ahmedabad and Chargesheet dated 06.02.2024 filed thereupon and proceedings of Criminal Case no 12878 of 2024, pending before the Court of Metropolitan Magistrate Court no 11 at Ahmedabad and all further proceedings thereto in the interest of justice, and;

v) Pending admission, hearing and till final disposal of this Petition this Hon'ble Court be pleased to stay the proceedings of Criminal Case no 12878 of 2024 pending before the Court of Metropolitan Magistrate Court no 11 Ahmedabad and all further proceedings thereto in the interest of justice.”

BRIEF FACTS OF THE CASE:-

3. The petitioner is the sister-in-law of the accused Dharmeshbhai Patel, who was married to the petitioner’s elder sister. It is alleged that despite such relationship, the accused, by exercising force, coercion, and deceit, established physical relations with the petitioner and subsequently solemnized a second marriage with her. The accused is further alleged to have subjected both the petitioner and her elder sister to acts of physical abuse and unnatural offences, and upon resistance, they were assaulted and driven out of the matrimonial home. The petitioner submitted a written complaint seeking police protection, and thereafter, multiple FIRs came to be registered against the accused under Sections 377 , 498A, 506(2), 465, 467, 468, 471, 420, and 507 of the IPC, inter alia, alleging criminal intimidation, unnatural offences, forgery, and cheating, including attempts by the accused to create fraudulent financial liabilities in the name of the petitioner by misusing company assets.

3.1. Subsequently, following a purported settlement between the accused and the complainant (elder sister of the petitioner), a series of events unfolded whereby the petitioner was subjected to renewed threats and coercion from the accused and his family members, including the filing of counter-complaints. On 31.07.2016, under mounting pressure and threats of dire consequences to herself and her minor children, the petitioner was compelled to withdraw her complaints. Fearing for her safety, she relocated to her other sister’s residence and reported the continued threats to Navrangpura Police Station. It is the petitioner’s case that the present FIR lodged against her is a retaliatory measure designed to exert undue pressure upon her to compromise the matter. Hence, the present petition.

SUBMISSION OF THE PETITIONER:-

4. Learned Senior Advocate Mr. B.B. Naik, appearing with learned Advocate Mr. Pruthviraj Gohil for the petitioner, has assiduously drawn the attention of this Court to the peculiar factual backdrop underpinning the present petition. It is submitted that the petitioner and respondent No.2 – the original complainant – are real sisters, and, in an unus