JUDGMENT :

N.S. SHEKHAWAT, J. 

1. The petitioner has filed the present petition under Section 482 of the Criminal Procedure Code with a prayer to quash FIR No. 48 dated 02.03.2020 under Section 376(2) of the IPC registered at Police Station Sector 36, Chandigarh and all consequential proceedings emanating therefrom.

2. The FIR in the present case was registered on the basis of the complaint moved by Mohit Khanna (respondent No.2), who is the husband of Dr. Mona Khanna (victim/prosecutrix, respondent No.3). The FIR has been reproduced below:-

“To SSP Chandigarh Police Head Quarter, Sector 9, Chandigarh.

Incident: Physical and Mental Cruelty, Blackmailing and grievous hurt by a man named Mr. Anil Sharma. Address of Man: Mr. Anil Sharma Khuda Ali Sher House No. 74/8 Opposite Mata Bhawani Mandir Chandigarh. Ph. 9815657283, 9803385567, 9803384711.

Respected Maam, Myself Mohit Khanna R/o Sector 44A Chandigarh, working as Senior Manager in renowed company. On dated 24.2.2011, I got married with Dr. Mona, Resident of Jalandhar. Since our marriage we are residing at Chandigarh and was living very much happy married life. In year 2017, My sons showed their intrest to join Skating classes. We started sending our sons for skating classes in evening. The classes were being taken by the coach Mr. Anil Sharma resident of R/o 74/8, Khuda Ali Sher, Chandigarh. My wife Dr. Mona used to drop my sons at coaching class and used to stay there till the class ends. The coach Mr. Anil Sharma developed friendly relation with my wife. The coach younger son is also classmate of my elder son. Mr. Anil started visiting my house on pretext of exchanging books and discussion of skating as carrier of my son. As the time passed we became family friends and relation between me and Mr. Anil were normal. On 23.12.2019, wife of Anil (Mrs. Madhu Sharma) messaged me that there is something doubt in her mind with respect to relation between Anil and Mona. It effected me a lot. At this very moment, I realized from past some time, there is drastic change in behavior of my wife. As most of the time, she was staying over stressed and depressed. After realizing this very fact, I checked mobile phone details of my wife and was surprised to see that my wife had undergone abortion procedure also when I was not in the city and which was not even in my knowledge. After knowing this fact, I confronted my wife Mona and at the first instance she refused and tried to hide things, but then I warned her that if she will not tell me everything then I will go for a divorce. On this my wife broke down and started crying badly. Then I came to know the facts Mr. Anil first developed friendly relation with us and then forcibly made physical relations with my wife and the started blackmailing and threatened her and many time he made physical relations with her. Because of this blackmailing to my wife she was staying so much stressed from last many months. On the next day I called Anil and asked him that why you have done wrong with my wife and has physically and mentally harassed her a lot. He disconnected the phone and immediately switch of his all phone and ran away from Chandigarh. On the same day as I found a lock at his residence. I tried to contact Anil many times but was unable to make any contact. I went to his coaching classes, his assistant coach told me that he has gone to his native place in Himachal Pradesh. I had contact of one of the Anils Cousin from this contact. I took his father number, I called on that number Anil picked the call and after hearing my voice he immediately disconnected the call again. On 6th Jan 2020 I was able to contact his other number which was picked by his wife and I requested her that I want to have talk to Mr. Anil. She instantly started abusing about me, my wife and my family and even tried to threaten us too. Then I came to know that Anil is back to Chandigarh. I went to his work place i.e. School. I met him and confronted him that have you made any f