AMIT VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. For the reasons stated, the Urgency Application is allowed.

(2.) HEARD learned counsel for the parties.

(3.) NOTICES on behalf of respondent nos. 1 and 2 are accepted by learned A.G.A. for the State who prays for and is granted three weeks' time to file counter affidavit. List this petition in the week commencing 4th March, 2013 alongwith WPCRL No. 1182/2012. 6. Issue notice to respondent no. 3 returnable at an early date. The respondent no.3 may also file counter affidavit within the same period of three weeks. 7. Learned counsel for the petitioner submitted that complainant is legally wedded wife of the petitioner. Two children were born out of the wedlock. It is submitted that due to some misunderstanding in between the couple, family discord arose in between the couple, which resulted into the lodging of the instant first information report. It is submitted that the complainant has lodged the said F.I.R. against entire family of the petitioner, which is an abuse of process of law. One of the accused persons is a woman, who is suffering from heart ailments and is undergoing medical treatment. It is further submitted that the petitioner intended to keep his wife and children with him and wants to live peacefully in future and for the very purpose the petitioner will take fruitful steps on his part. 8. Having heard learned counsel for the parties and after going through the papers on record, as an interim measure, it is directed that till next date of listing, no coercive measures shall be taken against the petitioner in connection with the F.I.R. dated 08.12.2012 registered at Police Station Gangnahar, District Haridwar as case crime no. 376 of 2012 relating to offences punishable under Section 498-A and 323 I.P.C., provided he cooperates with the investigation agency in the investigation of the case. In case, the petitioner does not cooperate in the investigation, it would be open for the prosecution to move interim order vacation application before this Court. Stay application stands disposed of, accordingly.