LT. COL. SUSHIL CHANDRA THAPLIYAL Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-12-2
HIGH COURT OF UTTARAKHAND
Decided on December 11,2012

Lt. Col. Sushil Chandra Thapliyal,Rajni Thapliyal W/O Lt. Col. Sushil Chandra Thapliyal,Pranay Thapliyal S/O Lt. Col. Sushil Chandra Thapliyal,Sudheer Chandra Thapliyal S/O Major Late Major M.D.P. Thapliyal Appellant
VERSUS
STATE OF UTTARAKHAND,Station House Officer Police Station Kotwali Cantt. District Dehradun,Shweta Thapliyal W/O Lt. Col. Prateek Thapliyal D/O Shri Arun Dangwal Respondents

JUDGEMENT

- (1.) HEARD .
(2.) 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 04.12.2012, relating to offences punishable under section 498A, 323 and 506 of I.P.C., and one punishable under section 3/4 of Dowry Prohibition Act, 1961, registered at Police Station Kotwali Cantt, District Dehradun. Petitioners are father in law, mother in law, brother in law and uncle in law of the complainant respondent no.3 Mrs. Shweta Thapliyal. Learned counsel for the petitioners submitted that husband of the respondent no.3 is Lt. Col. with the Indian Army, and the respondent no.3 used to live with her husband at the places of his posting. It is contended that petitioners live separately from the respondent no.3. It is further submitted that the impugned First Information Report is counter blast, to the divorce petition filed by husband of the respondent no.3. It is argued that it is abuse of process of law on the part of the respondent no.3 to implicate all the relatives of the husband due to matrimonial discord with him.
(3.) ADMIT the petition.;


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