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2016 DIGILAW 23 (UTT)

Naveen Singh v. State of Uttarakhand

2016-01-14

SUDHANSHU DHULIA

body2016
JUDGMENT : Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Mr. Suyash Pant, Advocate, present for the petitioners. 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-Smt.Kalpana Rana, against her husband and in-laws which has been registered as FIR/Case Crime No.35 of 2015 under Sections 323/504/506/498A of IPC and 3/4 of Dowry Prohibition Act, at Police Station Khatima District Udham Singh Nagar. Apprehending their arrest, the petitioners have approached this Court for relief. 5. Petitioner nos.1, 2 & 3 are brother-in-law, father-in-law, mother-in-law of respondent no.3 respectively. 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 petitioners shall not be arrested nor any coercive measures shall be taken against them in pursuance of FIR/Case Crime No.35 of 2015 under Sections 323/504/506/498A of IPC and 3/4 of Dowry Prohibition Act, at Police Station Khatima, 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.226 of 2016) stands disposed. 12. Interim relief application (CLMA No.510 of 2016) stands disposed.