RAJKUMAR Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(1.) By way of this writ petition, the writ petitioner Rajkumar seeks to quash the impugned FIR dated 15.02.2013 (annexure- 1 to this writ petition).
(2.) A first information report was lodged taking recourse to Section 156 (3) Cr. P.C., on 15.02.2013, in Kotwali Laksar as regards the offences punishable under Sections 498A, 323 IPC and Section Dowry Prohibition Act at the instance of Smt. Pratima (victim). Petitioner Rajkumar is husband of the victim.
(3.) Learned counsel for the petitioner drew the attention of this Court towards the report of In-charge, Mahila Help Line, where it was indicated that there is difference of opinion between the husband and wife but the allegations of dowry were not substantiated. The husband of the victim said that he is willing to take his wife and restore the conjugal rights.
Petitioner has also filed a case under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. Learned counsel for the State took the Court through the contents of the first information report. General allegations of misbehaviour and maltreatment are levelled against the accused persons.
Learned counsel for the petitioner drew the attention of the Court towards the statement of Smt. Pratima which is annexed as Annexure 1 to the writ petition, that she wants go to her matrimonial home, but with the intervention of the Court.;
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