ROSHANKUMAR DANIELBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed by the applicant under Section 482 of the Code of Criminal Procedure (for brevity "CrPC") praying to quash and set aside complaint, being C.R.No. I-26 of 2011 registered with Anand Mahila Police Station for the offence punishable under Section 498(A), 406, 506(2), 114 of the Indian Penal Code.

(2.) Brief facts of the case are that the marriage of the complainant was solemnized with the applicant no.1 as per Christian rites and rituals at Baroda and out of their wedlock, a female child namely Roshita is begotten. At the time of marriage, certain articles were given by the family of complainant alongwith of Rs. 25,000/- to the applicants. Not only that, on the birthday of Roshita, gift of Maruti car was given to the family members of the applicants. Thereafter, ill treatment was meted out to her in the form of demand of more "kariavar". That, on 15.10.2007, she got service in Petlad Civil Hospital and thereafter also on frequent occasions, ill treatment was meted out to her. That on 12.08.2009, she went to her parental home at Baroda and there also, the applicants came and give her physical and mental torture. For about one and half year, she stayed at her parental home. Though, everybody took interest to settle their disputes, however, all attempts failed. Suddenly, on 29.08.2010, family members of applicant-husband came to the house of complainant at Baroda and agreed to take her.

(3.) Heard learned advocate Mr. Ashish M. Dagli appearing on behalf of the applicants, learned advocate Ms. Neha C. Shukla appearing on behalf of the respondent no.2 and learned APP Mr. KL Pandya appearing on behalf of the respondent no.1-State.