JUDGMENT :

Rumi Kumari Phukan, J.

1. By filing this petition under Section 482 read with Section 401 of the Cr.P.C., the two petitioners sought for quashing of the FIR, in connection with the Latasil P.S. Case No. 18/2013, registered under Section 341/325/294/506/34 of the IPC.

2. Heard Mr. A.M. Bora, learned senior counsel appearing for the petitioners. Also heard Mr. B.M. Choudhury, learned counsel for the respondent No. 2 and Mr. P.S. Lahkar, learned Addl. P.P., Assam, representing the State respondent.

3. The petitioner No. 1 is the brother-in-law of the informant and the petitioner No. 2 is the daughter of the petitioner No. 1. The informant works as Superintendant of Police, CID at Ulubari, Guwahati.

4. The brief fact of the FIR is that on the occasion of 'sradha' ceremony of mother of the petitioner No. 1 (mother-in-law of the informant), all the family members gathered in their parental house to perform the rituals. Then on 19.01.2013, while informant was coming to her father-in-law's house to attend some rituals of mother-in-law, at that point to time both the present petitioners obstructed the informant at the gate and the petitioner No. 1 assaulted on her face with his shoes and tried to attack physically with a threatening that he will kill her. At the intervention of the other family members, she escaped from further assault. However at the request of the family members, on the plea of rituals of mother-in-law, the informant was forced to drop the matter at this stage. Since that incident, the accused/petitioner No. 1 whenever saw the informant, he either show his fist or foot uttering unparliamentary words and threatened to kill her at any moment. On the last day of the 'sradha' ceremony, while she came to attend the rituals, the accused/petitioner No. 1 again threatened her with a knife in his hand and as she shouted for help, he disappeared. Due to such constant unruly behavior of the petitioner No. 1, the informant lodged the FIR on 30.01.2013, after the 'sradha' ceremony was over before the officer-in-charge, Latasil P.S., which was registered as Latasil P.S. Case No. 18/2013, registered under Section 341/325/294/506/34 of the IPC.

5. Immediately after filing of the said FIR, the petitioner approached this Court with the present petition under Section 482/401 of the Cr.P.C., for quashing the aforesaid FIR with the contention that without there being any prima facie material, the I.O. has registered the FIR and started the investigation, which is bad in law. It is contended that the FIR is totally false and concocted and baseless, which is made up by the informant with some after thoughts, whereas the petitioners were no way involved in the alleged act.

6. According to petitioner, he resides at Vadodara (Boroda) and on being informed about the death of their mother he arrived in Guwahati for cremation on 16.01.2013 and after the rituals were done on very next date on 17.01.2013, while the petitioner No. 1 along with his family was sitting near fireside of his resident at Kharghuli, he was rebuked by the informant with filthy language like 'kukur'. etc. on some matters of performance of rituals. On being objected by the petitioner against her behavior, the informant become more furious and threatened him that she would teach a lesson to them. There being no congenial atmosphere in the Kharghuli house, the petitioner left for his in-laws house until the conclusion of the rituals.

7. So far as regards the incident on 19.01.2013, it is stated that he went to Kharghuli house to bring his clothes and belongings, at that point of time, the informant arrived there and started scolding him and it was the informant who assaulted the petitioner with her shoes but he left the place. He left for Delhi on 29.01.2013, after completion of the 'sradha' ceremony. Denying such incident, it has been submitted that no any offence is made out against him and the investigating authority on misconception about the facts and circumstances reg