PRABHAKAR MISRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this writ petition moved under Article 226 of Constitution of India, the petitioners have sought quashing of the First Information Report dated 10.05.2011 lodged by respondent no.3 on the basis of which crime/F.I.R. No. 215 of 2011, relating to offences punishable under section 498A, 494, 495 I.P.C., and one punishable under section 3/4 of Dowry Prohibition Act, 1961, Police Station Rudrapur, District Udham Singh Nagar.

(3.) Learned counsel for the petitioners submitted that from the First Information Report itself it is clear that respondent no.3 Kanika Mishra got married to Vishal Mishra in Delhi without the knowledge of petitioners. It is further pointed out that First Information Report itself reveals that allegations of demand on dowry are only as against the Vishal Mishra, husband of the respondent no.3. The offence punishable under section 494 I.P.C., relating to alleged second marriage gets attracted only against Vishal Mishra and not against the petitioners who are father in law, mother in law and two school going brothers in law. It is argued that it is abuse of process of law to implicate the present petitioners in the case.