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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition, moved under Article 226 of Constitution of India, the Petitioners have sought quashing of the First Information Report dated 30th of November 2010, registered as Crime No. 358 of 2010, relating to offences punishable u/s 498A, 323, 504 I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Staion Kotwali, Vikas Nagar , District Dehradun.
Learned Counsel for the Petitioners pleaded that Petitioners are father in law and mother in law of the complainant/Respondent No. 3 Rakhi Uniyal. It is further pleaded that the Petitioners used to live separately from complainant and her husband. It is also pointed out that husband of Respondent No. 3 (Rakhi Uniyal) has filed a divorce petition, and the impugned First Information Report is counter-blast to the petition. Lastly, it is submitted that it is abuse of process of law, on the part of the complainant to implicate the Petitioners in the criminal proceedings.
Admit the petition.
Learned Counsel for the State prays for and is allowed six weeks time to file the counter affidavit.
Issue notices to Respondent No. 3 (Rakhi Uniyal) who may also file her counter affidavit within a period of six weeks.
In the above circumstances, having considered submissions of learned Counsel for the Petitioners and learned Counsel for the State as an interim measure it is directed that meanwhile Petitioners Mast Ram Uniyal and Kamleshwari Uniyal shall not be arrested during investigation in the aforesaid case provided cooperation with the investigating agency. (Stay Applicastion No. 10406 of 2010 stands disposed of).
List after six weeks.