REKHA PATEL Vs. PANKAJ VERMA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by the Division Bench of the Allahabad High Court passed on a petition under Article 226 of the Constitution of India, 1950 (for short The Constitution).

(3.) The appellant was married to respondent No.1 on 12.11.2005. Alleging that she was being harassed for non-fulfilment of the demand of dowry, a complaint was filed at Thana, Jawan Police Station, District Aligarh. On the basis of appellants complaint Crime No.277 of 2006 was registered for alleged commission of offences punishable under Sections 498A, 323, 504 and 506 of the Indian Penal Code, 1860 (for short The IPC) and Sections 3/4 of the Dowry Prohibition Act, 1961 (for short The Dowry Act). Respondent Nos.1 to 6 filed a writ petition for quashing the F.I.R. and for stay of arrest pending the disposal of the writ petition. The writ petition was filed on 1.11.2006. By the impugned order dated 7.11.2006 the High Court declined to accept the prayer for stay of arrest of the respondents but nevertheless passed the following order :