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Judgment
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 the First Information Report dated 14.06.2011, registered as crime No. 206 of 2011, relating to offences punishable u/s 498A, 377, 323, 504 and 506 I.P.C., and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Station Jwalapur, District Hardwar.
Perusal of the First Information Report discloses that there are specific allegations of cruelty as against the Petitioner No. 1 Shahroj Siddiqui (husband) of the complainant. However, as against the Petitioners No. 2, 3 and 4 who are sisters in law (NANADS) and one Petitioner No. 5 (NANDOI), it is argued that it is abuse of process of law to implicate them in the criminal case due to the matrimonial discord between the Respondent No. 3 Firdos Jahan, and Petitioner No. 1 Shahroj Siddiqui.
Admit the petition.
Learned Counsel for the State prays for and is allowed four weeks time to file the counter affidavit.
Issue notices to Respondent No. 3 Smt. Firdos Jahan, who may also file her counter affidavit within a period of four weeks (7) Having considered submissions of learned Counsel for the Petitioners, and after going through the papers on record, as an interim measure, it is directed that Petitioner No. 2 Khurshid, Petitioner No. 3 Nazma, Petitioner No. 4 Shabnam and Petitioner No. 5 Habib Khan shall not be arrested in connection with aforesaid crime, during investigation, provided they cooperate with the investigating agency. However it is clarified that there is no interim order passed in respect of Petitioner No. 1 Shahroj Siddiqui, (Stay Application No. 6303 of 2011, stands disposed of).
List after four weeks.