LAWS(UTN)-2011-6-146

MITHLESH SHARMA Vs. STATE OF UTTARAKHAND

Decided On June 08, 2011
Mithlesh Sharma Appellant
V/S
STATE OF UTTARAKHAND Respondents

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 registered as Crime No. 113 of 2011, relating to offences punishable under section 498A, 323, 504 and 506 I.P.C., and one punishable under section 3/4 of Dowry Prohibition Act, 1961, Police Station Bhagwanpur, District Hardwar.

(3.) Learned counsel for the petitioners submitted that petitioner no.1 is mother in law, petitioner no.2 is sister in law (JETHANI), petitioner no.3 is brother in law (JETH) and petitioner no.4 is husband of the respondent no.3. It is contended that petitioner no.1 to 3 lived separately from the respondent no3 and her husband, after the year 2005. It is3 contended that impugned First Information Report is counter blast to the petition filed by the accused under section 9 of Hindu Marriage Act, 1955. It is argued that it is abuse of process of law on the part of the respondent no.3, to implicate the petitioners in dowry harassment case.