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2016 DIGILAW 322 (UTT)

VINOD KUMAR VERMA v. STATE OF UTTARAKHAND

2016-07-08

SUDHANSHU DHULIA

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JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Smt. Monika Pant, Advocate, present for the petitioners. 2. Mr. A.S.Gill, Deputy Advocate General with Mr. Milind Raj, Brief Holder, present for the State/respondent nos.1 & 2. 3. The First Information Report has been lodged by the respondent no.3 which has been registered as Case Crime No. 133 of 2016 under Sections 323/504/506/498A of IPC and 3/4 of the Dowry Prohibition Act, at Police Station Kotwali Nagar, District- Haridwar implicating the present petitioners. Apprehending their arrest, the petitioners have approached this Court for relief. 4. The First Information Report has been lodged by respondent no.3 against her husband and other in-laws. The marriage of the petitioner no. 1 – Vinod Kumar Verma was solemnized with respondent no.3 - Smt. Shivani on 18.01.2014 as per Hindu rites and ceremonies at Moradabad. There are allegations of demand of dowry, harassment, torture, etc. 5. Considering the facts and circumstances of the case and the nature of offences, an interference is being called for by this Court in the matter. 6. As an interim measure, it is provided that though the investigation may go on but till the next date of listing, no coercive measures shall be taken against them in pursuance of Case Crime No. 133 of 2016 under Sections 323/504/506/498A of IPC and 3/4 of the Dowry Prohibition Act, at Police Station Kotwali Nagar, District- Haridwar provided the petitioners cooperate in the investigation. 7. Issue notice to the respondent no.3. Steps to be taken within a week. 8. Respondents shall file counter affidavit within a period of three weeks. 9. List this matter on 29.07.2016 in the daily cause list. 10. However, it is made clear that the above relief is subject to the cooperation of the petitioners in the investigation. In case, the petitioners do not cooperate in the investigation, it will be the duty of the respondents to bring this fact to the notice of this Court so that appropriate orders be passed. 11. Stay application (6811 of 2016) stands disposed.