The court's inherent powers under Section 482 CrPC should not be exercised to quash an FIR at the initial stage when the matter involves disputed questions of fact and there is no justification for the arrest of the accused.

1. - The instant misc. petition and the application for anticipatory bail have been moved in relation to F.I.R. no. 114/2013 registered at the Police Station Mahila Thana (West), Jodhpur.

2. The petitioner no. 1 Chandra Prakash is the complainant's husband whereas the petitioner no. 2 Khemraj is her father in law. The complainant Smt. Kiran was married to the petitioner Chandra Prakash on 11.5.2005. A son was born from the wedlock in November, 2006. It appears that owing to some financial squabbles, the relations between father and son fell into discord. The husband started his own pursuits in share business. The father in law - the petitioner no. 2 tried to involve the complainant in his business in the year 2008. The things carried on in this manner for about 1½ years. The husband went to Jaipur in order to start his own separate business. The complainant accompanied her husband to Jaipur. For some time, the relationship between the husband and wife continued smoothly. Ultimately disputes arose between the complainant and her husband and the differences reached to such an extent that the complainant left her husband's house and came to Jodhpur with her son and started living at her father's house in the year 2011.

3. The petitioner No.2 husband purportedly came to Jodhpur and attempted to take his son away from the complainant's custody. An F.I.R. No. 179/2013 was filed on 24.7.2013 at P.S. Sardarpura, Jodhpur by Om Prakash the father of the complainant herein against the petitioner Chandra Prakash, Shakuntala and others for alleged trespass and assault. In the said F.I.R. there was no allegation that the complainant (who was living with her father for the last nearly 1½ years) had been ever subjected to harassment on account of bringing less dowry or was ever subjected to any kind of sexual abuse by any member of her in laws. An F.I.R. No.178/2013 was filed by Chandra Prakash the petitioner against his in-laws wherein the police has filed a charge sheet against Om Prakash, father of the complainant u/ss. 323 and 341 I.P.C. The complainant was examined during the course of investigation of F.I.R. No. 179/2013 filed by her father. In the said statement she did not level any allegation of any cruelty having been meted out to her on account of demand of dowry. She also did not make a whisper of sexual harassment in the said statement.

4. The F.I.R. in question i.e. F.I.R. No. 114/2013 was lodged by the complainant Smt.Kiran at the Mahila Police Station, Jodhpur(West) on 1.8.2013 in form of a typed complaint running into eight pages. She alleged that all was fine in the matrimonial house for two years. In the year 2007, the complainant's husband Chandra Prakash and the father in law Khem Raj quarrelled over business disputes. Her husband started new business of shares and pressed her to bring money from her father. On this, she brought a sum of Rs. 5 lacs from her father and gave it to her husband. He promised that he would return the money back with interest but did not stand by his words. Her father in law involved her in his business in the year 2008. She felt that the motives of father in law were bonafide but as a matter of fact the intention of the accused was evil and he want to take undue advantage and nothing else. Her father in law used to take her to the Boranada factory. She was taken to Surat for learning embroidery business. In the day time, she used to learn embroidery and in the night time she used to stay in a hotel. On waking up in the morning, she felt that she was not in her senses. She could not recollect as to what happened in the night time. She requested her father in law that she wanted to go back to Jodhpur but he insisted for her to stay at Surat. She was prevented from calling her husband on phone as well. He father in law showed her some letters bearing handwriting similar to her. She was told that she had written love letters to her father in law mentioning that she could not live without him.