AI Structured Summary
Not yet generated for this judgment
Judgment
Hon''ble Prafulla C. Pant, J.—Heard. By means of this writ petition, moved under Article 226 of Constitution of India, the petitioners have sought quashing of F.I.R. No. 318 of 2012, relating to offences punishable u/s 323, 452, 504, 506, 498A of I.P.C., and one punishable u/s 3/ 4 Dowry Prohibition Act, 1961, registered at Police Station Bazpur, District Udham Singh Nagar.
Learned counsel for the petitioners submitted that the impugned first information report is counter blast to the divorce petition filed by the petitioner no. 1 Rakesh Verma (husband). It is also pleaded in the petition that petitioner no. 1 used to live with his wife (complainant) separately from petitioner no. 2 to 4. It is contended that it is abuse of process of law to implicate the innocent relatives of the husband of the complainant.
Admit the petition.
Learned counsel for the State prays for and is allowed six weeks'' time to file counter affidavit.
Issue notice to respondent no. 3 Smt. Sarita Verma, who may also file her counter affidavit within a period of six weeks.
Having heard learned counsel for the petitioners and learned counsel for the State, as an interim measure, it is directed that petitioner no. 2 Rajwati, petitioner no. 3 Ompal, petitioner no. 4 Munnalal Verma shall not be arrested during investigation, in connection with F.I.R. No. 318 of 2012, relating to offences punishable u/s 323, 452, 504, 506, 498A of I.P.C. and one punishable u/s 3/ 4 Dowry Prohibition Act, 1961, registered at police station Bazpur, District-Udham Singh Nagar, provided they cooperate with the investigating agency. As to the petitioner no. 1 Rakesh Verma, it is directed that if he surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Stay Application No. 13285 of 2012 stands disposed of). List after six weeks.