8 Having regard to the fact that the offences alleged against the Petitioner No.1 is one under Section 376 of the Indian Penal Code and considering the fact that there has to be certain amount of circumspection before the powers under Section 482 of the Criminal Procedure Code or under Article 226 of the Constitution of India are exercised for quashing of the FIR involving the said offence, we had to satisfy ourselves that the parties in fact have no grievance against each other. In the said exercise that we have carried out, facts have been revealed which leave no room for doubt that the Petitioner No.1 and the Respondent No.2 are married and therefore the fact situation at the time of registration of the FIR has undergone a change warranting exercise of our jurisdiction under Article 226 of the Constitution of India. We are satisfied that keeping the FIR in question pending would unnecessarily prolong the mental agony and would serve no useful purpose. Hence in the peculiar facts of the present case, we deem it appropriate to exercise our writ jurisdiction to quash and set aside the FIR in question. The above Writ petition is accordingly allowed and made absolute in terms of prayer clause (a). In the facts and circumstances of the present case, we direct the Petitioners to deposit costs of Rs.10,000/- with the State Legal Aid Fund within six weeks from date. Receipt to be obtained and filed in the Registry of this Court.
