MANOHAR LAL S/O LATE SURAJ MAL AGARWAL Vs. S.H.O., P.S. KOTDWAR, DISTRICT PAURI GARHWAL.
HIGH COURT OF UTTARAKHAND
MANOHAR LAL S/O LATE SURAJ MAL AGARWAL
STATE OF UTTARAKHAND, THROUGH SECRETARY HOME, AFFAIRS.
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(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 27.03.2012 registered as Crime no. 74 of 2012, relating to offences punishable under Section 498-A, 323, 504, and 506 of I.P.C. and one punishable under section ? Dowry Prohibition Act 1961, at Police Station Kotdwar, District- Pauri Garhwal.
Learned counsel for the petitioners submitted that Petitioner No. 1 is natural father in law, Petitioner No. 2 foster father in law, Petitioner no. 3 is sister-in-law (JETHANI), Petitioner no. 4 is brother-in-law (DEVAR), petition no. 5 is elder brother-in-law (JETH), petitioner no. 6 is mother-in-law, petitioner no. 7 is brother-in-law (NANDOI), and petitioner no. 8 is sister-in-law (NAND) of the respondent no. 3.
It is further submitted that due to the matrimonial discord between respondent no. 3 and her husband all family members are implicated in the criminal case which is nothing but abuse of process of law. It is further pointed out that the petitioner no. 7 and petitioner no. 8 are residents of Sultanpur, Uttar Pradesh. It is pointed out Respondent no. 3 and her husband lived in Heydrabad and petitioner no. 1 to petitioner no. 6 are the residents of Lucknow.
(3.) ADMIT the petition.
Learned counsel for the State and learned counsel for the respondent no. 3 pray for and are allowed six weeks time to file the counter affidavit.;
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