HANNA CHUIKO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), the applicant has prayed to quash and set aside the complaint being FIR No.1119600820102 of 2020 registered with J.P Road Police Station, Vadodara, for the offences under Ss. 323, 294(b), 498-A, 497, 406, 506 and 114 of the Indian Penal Code, 1860 and all the consequential proceedings arising therefrom.

(2.) Heard Ms. Khyati Chug for Mr. Gaurav Nanavati, learned counsel for the applicant and Mr. H.K.Patel, learned APP for respondent No.1. Though served, none appears for respondent No.2 - complainant.

(3.) At the instance of respondent No.2, FIR came to be filed against the husband and applicant, wherein, it is alleged that, the accused No.1 i.e. husband of the complainant is having spa center in Vadodara and in the year 2014, he employed two female therapists for providing spa massages to the customers in Spa center. Thereafter, husband of complainant and applicant developed close relation with each other and fell in love. Upon knowing the said relation, quarrel was going on between the complainant and accused No.1, but upon giving assurance by accused No.1 that he will not do the same again and will take care of the complainant and her child and therefore, the complainant did not lodge any complaint at that time. Thereafter, in the year 2015, accused No.2 got pregnant and delivered a boy out of this relationship with accused No.1 - husband and since then, she visited the house of the complainant. Dispute took place between them due to such illicit relation between the accused No.1 and husband of complainant. It is further case that, the accused No.1 and 2 harassed the complainant and forced to five divorce to the accused No.1 and thereby, the accused have committed an offence as alleged against them. In this regard, FIR came to be filed.