ORAL ORDER

1. By way of this application under Section 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 Sections 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.

4. Learned counsel for the applicant has submitted that, the allegations levelled against the applicant are nothing, but an abuse of process of law and without any specific instance, she has been arraigned as accused. He further submitted that there is no iota of evidence against the applicant to even remotely suggest any role whatsoever played by her or to connect her with the alleged offence in question. He further submitted that, the dispute arose with regard to marital discord between the husband – wife, however, she has been implicated in the FIR. Even the allegations levelled against the applicant do not prima facie disclose the involvement of the applicant in the alleged offence. Further, two civil suits have been filed before the Family Court, vadodara, wherein, the applicant has filed one proceedings against the accused No.1 as out of said relationship, one son was born and accused No.1 is declared biological father of that child. Considering the same, the applicant herself victimized by accused No.1. Merely based on the allegations of harassment and forced to give divorce to accused No.1, she has been impleaded as accused. Except this, no any allegation is levelled. No entrustment of the property and no allegation of adultery to attract the provisions of Section 498A of the Indian Penal Code, 1860 and there is no relationship of family relation or applicant does not fall in the category of in-law. Even considering the illicit relationship with accused No.1 and if she is mistress of accused No.1, in that event also, alleged offence is not made out. Therefore, without disclosing her active involvement in the alleged offence, applicant have been arraigned as accused in FIR.

In view of the above contentions, Ms. Chug prays to allow present application and quash the FIR against the applicant, as prayed for, in this application.

5. Learned APP appearing for the respondent-State has opposed the present application and contended that, the applicant has committed an offence by causing mental and physical harassment by demanding dowry and also induced accused