RAJPAL SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner for quashing the First Information Report dated 04.05.2017 registered as FIR No.68 of 2017 under Sections 323, 504, 506, 498-A I.P.C. & 3/4 Dowry Prohibition Act. P.S. Nanakmatta, District Udham Singh Nagar. Further prayer has been made for direction to respondent no.2 not to arrest and not to harass the petitioner in connection with FIR No.68 of 2017 under Sections 323, 504, 506, 498-A I.P.C. & 3/4 Dowry Prohibition Act. P.S. Nanakmatta, District Udham Singh Nagar.

(2.) Allegations in the complaint are that petitioner in collusion with other family members harassed and tortured respondent no.3, complainant for the demand of dowry. It is alleged that husband of respondent no.3 has illicit relation with her sister-in-law (Jaithani). On the basis of which an F.I.R. was registered against the petitioner and other family members.

(3.) Learned counsel for the petitioners submits that the petitioner has falsely been implicated and FIR has been registered only for pressurizing the petitioner. He submits that in the FIR allegation is against the petitioner that he is having illicit relation with his Bhabhi and demand of dowry is also raised. He submits that both are different as demand of dowry has nothing to do with the illicit relations. Infact, the dispute is between husband and wife and the colour is being given to demand of dowry. He submits that husband of respondent no.3 filed a case under Section 9 of Hindu Marriage Act for restitution of conjugal rights. When the respondent no.3 came to know about filing of application under Section 9 of Hindu Marriage Act, she lodged the First Information Report against the petitioner and his family members. He further submits that the petitioner cannot be arrested without any reason and notice under Section 41-A of Cr.P.C.