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2016 DIGILAW 19 (UTT)

Dharam Singh v. State of Uttarakhand

2016-01-13

SUDHANSHU DHULIA

body2016
JUDGMENT : Sudhanshu Dhulia, J. (Oral) 1. Mr. Mohd Azim, Advocate, present for the petitioner. 2. Mr. K.S. Rautela, Government Advocate, present for the State/respondent nos.1 & 2. 3. This Court finds that the matter is urgent, hence heard on admission. 4. A First Information Report has been lodged by the respondent no.3 against her husband and in-laws which has been registered as FIR No.87 of 2015 under Sections 498A/506/323 of IPC and 3/4 of Dowry Prohibition Act, at Police Station Kelakhera District Udham Singh Nagar. Although, present petition has been filed by the husband i.e. Dharam Singh. Apprehending his arrest, the petitioner has approached this Court for relief. 5. Petitioner is the husband of respondent no.3- Smt. Kiran. The marriage of the petitioner – Dharam Singh was solemnized with respondent no.3- Smt. Kiran on 07.02.2014 as per Hindu rites and ceremony at Nainital. There are allegations of demand of dowry, harassment and torture, etc. 6. As per F.I.R., prima facie, it appears that the root cause of the matter is a matrimonial discord and there may be chances of reconciliation in the matter, therefore, an interference is being called for by this Court in the matter. 7. As an interim measure, it is provided that though the investigation may go on but petitioner shall not be arrested nor any coercive measures shall be taken against him in pursuance of FIR No.87 of 2015 under Sections 498A/506/323 of IPC and 3/4 of Dowry Prohibition Act, at Police Station Kelakhera District Udham Singh Nagar, till the next date of listing when it will be listed before the regular Court. 8. Issue notice to the respondent no.3. Steps to be taken within a week. 9. Respondents shall file counter affidavit within a period of three weeks. 10. List this matter on 22.02.2016 in the daily cause list. 11. Urgency application (IA No.207 of 2016) stands disposed. 12. Stay application (CLMA No.500 of 2016) stands disposed.