AMRAT PAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties on MCC recall application no. 193 of 2010, wherein the respondent no. 3/complainant has prayed recall of order dated 22.02.2010, passed by this Court.

(2.) Brief facts of the case are that a first information report no. 16/2010, was got lodged by respondent no. 3 Nirmal Kaur at P.S. Kashipur, relating to offences punishable under section 498A, 323, 504, 506 IPC and one punishable under section of Dowry Prohibition Act, 1961. The petitioners namely Amrat Pal Singh (husband),petitioner no. 2 Jeet Singh (father-in-law), petitioner no. 3 Gurmeet Kaur (mother-in-law) and petitioner no. 4 Pasvinder Kaur (sister-in-law) of the complainant filed this writ petition praying that the first information report be quashed. This Court vide its order dated 14.01.2010, admitted the petition, issued notices to respondent no. 3 and directed that the petitioner shall not be arrested during investigation. However, the court directed the parties to appear in person before the court. In response to said order dated 14.01.2010. Petitioner no. 1 Amrat Pal Singh (husband) and respondent no. 2 Nirmal Kaur (wife) appeared in person before this Court on 22.02.2010. On said date after making reconciliation efforts, parties have entered into compromise and the writ petition was allowed.

(3.) However, on 01.04.2010, respondent no. 3 moved an application MCC no. 193 of 2010, before this Court complaining that the petitioner no. 1 Amrat Pal Singh has played fraud on the court as he back tracked from the compromise and did not take his wife with him. Said application is supported with affidavit. On this, vide order dated 06.04.2010, petitioner No. 1 was directed to file the counter affidavit. And on 04.05.2010, interim direction was issued keeping meanwhile the order dated 22.02.2010, in abeyance.