ORAL ORDER

1. This Criminal Misc. Application under Section 482 of the Code of Criminal Procedure, 1973 is filed seeking quash of the FIR being C.R. No.I-63 of 2019 registered with Chandkheda Police Station, District Ahmedabad City for the offence punishable under Sections 498A and 114 of the Indian Penal Code, 1860 (for short “the IPC”) and the criminal proceedings in Criminal Case No.116 of 2020 on the file of the Chief Judicial Magistrate, First Class, Gandhinagar.

2. Heard learned advocate for the petitioners, learned Additional Public Prosecutor Mr.Hardik Soni for the first respondent-State and second respondent in person, who is the de facto-complainant.

3. Facts germane to dispose of this petition may briefly be stated as under:-

3.1 The de facto-complainant is the legally wedded wife of the first petitioner, who is A-1 in the above Criminal Case No.116 of 2020 on the file of the Chief Judicial Magistrate, First Class, Gandhinagar. Petitioner nos.2 and 3 are the parents of A-1 and the parents-in-law of the de facto- complainant. The marriage between the de facto-complainant and the petitioner was solemnized in the month of September, 2005. They had conjugal life and they are blessed with one son and one daughter during their lawful wedlock. After living amicably for some time, disputes arose between the first petitioner and the de facto-complainant. It is stated that the first petitioner, who is the husband of the de facto-complainant, has developed illegal intimacy with a woman by name Poonam Sharma and he got an extramarital relationship with her and when the de facto- complainant questioned him in this regard, he used to beat her and subject to her to both physical and mental harassment. It is also stated that parents-in-law of the de facto-complainant also used to demand her to pay her salary as the de facto-complainant has been working as a Teacher and earning. Her husband also used to support his parents and demand the de facto-complainant to pay her salary to them and when she refused for the same, they all harassed her. Further, it is stated that the first petitioner also constantly subjected her to both physical and mental harassment.

3.2 Therefore, the de facto-complainant lodged a report with the police narrating the above events and requested to take appropriate action against them.

3.3 The said report, which was lodged by the de facto-complainant was registered as a crime in C.R. No.I-63 of 2019 with Chandkheda Police Station, District Ahmedabad City for the offence punishable under Sections 498A and 114 of the IPC. The crime was investigated and eventually, charge-sheet was filed against the petitioners in the trial court.

The said case is now pending in the trial court for framing charges.

3.4. The petitioners have challenged the legality and validity of the said FIR registered against them mainly on two grounds; (i) a divorce petition was filed by the petitioners against the de facto-complainant on 15.05.2019 and the summons in the said divorce petition was served on the de facto-complainant on 17.07.2019 and thereafter, she lodged the FIR with the police against the petitioners on 20.07.2019 and as such, the present FIR was lodged as a counterblast to the divorce petition that was filed by the first petitioner and it is not valid under law. The other ground is that there is no evidence produced along with the FIR in proof of any such physical or mental harassment as stated in the FIR and that the allegations in the FIR are also vague and no details of harassment are given in the FIR. Therefore, it is contended that the criminal proceedings that are launched against the petitioners herein, are mere abuse of process of court and they are liable to be quashed. Thus, precisely, the petitioners sought quash of the FIR and the charge-sheet on the aforesaid grounds.

4. Learned counsel for the petitioners reiterated the aforesaid grounds and vehemently contended that as the present case was registered against the peti