VARSHABEN BHARATBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate for the applicant and learned APP Shri Raval for the State. Though served none has remain present for respondent no.2 original informant.

(2.) THE applicant has taken out this application under section 482 of Cr.P.C., for quashment of First Information Report (FIR) and the proceedings arising there from in the form of Criminal Case No. 1291/2009 for the offence punishable under section 406, 420, 498A, 323, 504, 506(2) read with section 114 of I.P. Code. THE original informant respondent no.2 herein was constrained to file the complaint against her husband and five others, including the present petitioner. THE complaint was registered as C.R. No. I-254/2008 with Bhavnagar 'D' Division Police Station. THE allegations in the complaint so far as the present petitioner is concerned is to the effect that the informant husband has illicit relationship with the petitioner and on account of her instigation to the husband, the informant has been ill-treated and her property in form of gold & silver ornaments and cash were taken away by accused no.1. THE charge sheet came to be filed and the trial begun being criminal Case No. 1291/2009.