WPCRL/146/2022
2022 Latest Caselaw 168 UK

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                                  WPCRL No. 146 of 2022

                                  Hon'ble R.C. Khulbe, J.

Mr. Sudhir Kumar, learned counsel for the petitioners.

Mrs. Mamta Joshi, learned Brief Holder for the State of Uttarakhand.

The present writ petition has been filed for quashing the impugned FIR No. 0698 of 2021 for the offence punishable under Sections 323, 498-A, 506 IPC and under Sections 3/4 of the Dowry Prohibition Act registered at PS Rudrapur, District Udham Singh Nagar.

Heard on the stay application (IA No. 1 of 2022).

It is submitted by learned counsel for the writ-petitioners that the writ- petitioner no. 3 namely Gurpreet Singh is the husband while the other writ- petitioners are the family members; a false report has been submitted by respondent no. 2 against the writ- petitioners; it is purely a matrimonial dispute between the parties. Apart from that, the writ-petitioners are ready to settle the dispute and there are chances of compromise between the parties.

Issue notice to the second respondent.

Steps to be taken within seven days.

The learned State Counsel is allowed six weeks' time to seek instruction in the matter.

List thereafter.

Meanwhile, the investigating officer will follow the procedure as laid down under Section 41A Cr.P.C. as also the judgment rendered by the Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014 8 SCC 273).

Stay application (IA No. 1 of 2022)

of 2022) stands disposed of.

(R.C. Khulbe, J.) Vacation Judge 25.01.2022

SB