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Judgment
Ilesh J. Vora, J
Heard Mr. Apurva Jani, learned advocate for the applicants.
Mr. Jani, learned advocate for the applicants does not press this application qua applicant no.1-husband.
Hence, the present application stands disposed of as not pressed qua applicant no.1-husband.
The applicants being in-laws of the respondent no.2-wife have preferred this application for quashing of Criminal Misc. Application No.539 of 2021 filed under the provisions of Domestic Violence Act, 2005. Prior to the questioned application, the respondent no.2-wife has lodged an FIR under Section 498A of the IPC. It is not in dispute that the husband has filed a suit for restitution of conjugal rights under Section 22 of Special Marriage Act. The record indicates that, he has also filed a recovery suit for Rs.5,42,454/ - against the respondent no.2-wife. In such circumstances, prima- facie, it appears that, due to marital discord with the husband, she has filed present application to pressurize the in-laws for amicable settlement. Thus, the matter deserves consideration.
Let Rule be issued returnable on 18.07.2023. Learned APP waives service of rule for the respondent-State. Meanwhile, interim relief in terms of para-6(C) is granted qua the present applicants.
Learned trial Court is at liberty to proceed against the husband in accordance with law.