At the stage of quashing an FIR, the court should refrain from considering the truthfulness of the allegations and should not exercise powers under Section 482 Cr.P.C. if a case for the commission of an offense is made out.

ORDER

1. This criminal misc. petition has been filed by the petitioners under Section 482 Cr.P.C. with a prayer to quash the FIR No.0163/2021 dated 14.07.2021 of Police Station Marwar Junction, District Pali for the offence punishable under Sections 498-A, 323, 406, 109, 114, 506, 294-A of IPC and Section 3, 5 and 7 of the Dowry Prohibition Act, 1961.

2. Brief facts of the case are that the respondent No.2 has submitted a complaint before the court of Judicial Magistrate, Marwar Junction (for short 'the trial court') against the present petitioners and one Chanki Sharma (son of petitioner Nos.1 and 2). In the complaint, it is stated that marriage of the complainant was solemnized with Chanki Sharma on 04.02.2014 at Marwar Junction. At the time of marriage, the parents of the complainant gave certain ornaments, furniture, kitchen utensils, cloths etc. Thereafter it is alleged that for about six months of the marriage, things were normal, but after six months, the petitioners started harassing the complainant and demanded dowry. The accused petitioners treated the complainant with cruelty, but she remained calmed, however, in the year 2015, the complainant gave birth to a son, who is now six years old, and all the delivery expenses were borne by complainant's parents. It is further alleged that the accused persons continuously tortured the complainant and abused her even in public places. It is specifically alleged that the accused petitioners asked the complainant to bring Rs.5,00,000/-from her father as dowry. It is also alleged that the petitioner Nos.1 and 2 have told the complainant that their son will live abroad and marry there only, therefore, she may left their house. It is also alleged that the petitioners have misappropriated all the ornaments of the complainant and thrown her out from their house in Ahemdabad, thereafter, the complainant started living in Braj Bhoomi Society along with her mother on rent. It is further alleged that around two and a half years before, the complainant demanded the dowry items from the accused persons, but they did not return the same rather have simply thrown one almirah, cooler and bed from their house. The complainant has also alleged that the petitioners never took care of her son and their intention was that the complainant and her son may roam here and there. It is also alleged that the petitioners have not paid any maintenance amount to the complainant and her son. It is also submitted that the complainant remained dependent on her parents and as her financial condition was so weak, therefore, around one and half months before she went to the house of the petitioner Nos.1 and 2 and asked them to help her but both of them insulted her in front of many people and threatened that she may leave Ahemdabad, otherwise they will kill her. The complainant has stated that at present she is residing in Marwar Junction and as her parents are old aged persons, they are maintaining themselves with very difficulty, but the accused persons are not allowing her to live in Marwar Junction with peace and are threatening through their relatives. It is specifically alleged by the complainant that the petitioners came to Marwar Junction to harass her and are also insulting and threatening her on mobile phone.

3. The aforesaid complaint was filed by the complainant in the concerned court on 06.04.2021 and under the directions of the concerned court, on 14.07.2021, an FIR No.163/2021 was lodged at Police Station Marwar Junction, District Pali and the police started investigation.

Learned counsel for the petitioners has submitted that the allegations levelled in the impugned FIR are absolutely false. It is also submitted that as a matter of fact, the complainant is living separately from the petitioners in Ahemdabad from the year 2016 and she has already filed a complaint against the petitioners for domestic violence at Ahemdabad, which is pending consideration.

4. Learned counsel for the petitioners has also