ORAL JUDGMENT

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State and learned advocate Mr. Jay Shah waives service of notice of rule for and on behalf of the respondent No.2-original complainant.

2. At the outset, learned advocate Mr. Adil Mirza appearing for the applicants has submitted that he does not press this application qua the applicant No.1-husband and seeks to withdraw the present application qua him. Furthermore, the applicant No.3, namely, Meraj Fatma W/o. Salim Pyareali Pathan has expired on 09.05.2020, a death certificate of whom has also been produced on record and, therefore, the proceedings qua the applicant No.3 also requires to be abated. 2.1 Considering the above, the present application is disposed of as withdrawn qua the applicant No.1 and stands abated qua the deceased applicant No.3.

3. By this application under section 482 of the Code of Criminal Procedure,1973, the applicant seeks to invoke the inherent powers of this Court praying for quashing of the first information report being C.R. No.I-56 of 2016 registered before the Dungra Police Station, Valsad for the offence punishable under sections 376B, 323, 506(2) and 114 of the IPC.

4. Learned advocate Mr. Adil Mirza appearing for the applicant has submitted that now so far as the role of the present applicant-accused in the commission of the crime is concerned, it is very limited. He has submitted that the impugned FIR came to be lodged on 27.04.2016 by the complainant against her in-laws. The applicant No.1 happens to be the husband of the complainant, the applicant No.2 is the brother-in-law of the complainant and the deceased applicant No.3 is the mother-in-law of the complainant. Learned advocate Mr. Mirza has also submitted that the applicant No.1 and the complainant fell in love with each other and got married on 28.06.2009 as per the Muslim rites and rituals. After the marriage, the complainant started residing at her matrimonial home along with the applicants-accused. It is alleged in the complaint, for the initial six months, she was being treated well by the in-laws, however, after some time, the applicant Nos. 2 and 3 started torturing her and also instigating the applicant No.1 against her. Therefore, she left her matrimonial home along with the applicant No.1 and started residing at Mumbai, however, after one month, the applicant No.1 left the complainant and went back to his mother and brother and, thereafter, she started residing at her parental home. Learned advocate Mr. Mirza has further submitted that thereafter, the applicant No.1 and the original complainant purchased a new flat in Vapi and again started residing together at Vapi. However, again some disputes cropped up between them and, therefore, earlier also a complaint came to be filed by the complainant being C.R. No.II- 129 of 2013 before the Vapi Town Police Station under Sections 498A, 323, 504, 506(2) etc. of IPC which was ultimately culminated in Criminal Case No.3030 of 2013. Thereafter, in connection with the said offence, the trial was proceeded with and ultimately, at the end of the trial, the applicants have been acquitted from the charges levelled against them vide order dated 19.12.2020.

5. Learned advocate Mr. Mirza has further submitted that it is alleged in the complaint that after the order of acquittal has been passed, the applicant No.1 went to the house of the complainant and entered into the physical relationship with the complainant against her will and wish which was continued for some time, due to which, the complainant got impregnated which fact was then informed to the applicant No.1, who, however, declined to accept the said fact. Thereafter, the complainant phoned the applicant No.2 and informed about the same to him, whereupon they also declined to accept the said fact and did not pay any heed to the same. It is alleged that thereafter the complainant went to the house of her in- laws and