KIRAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned A.G.A. Argument is that divorce decree has been passed between the parties and that too on the basis of the compromise on 8.8.2006 and thus lodging of the first information report in respect to the charges after about three years cannot be said to be justified and in any view of the matter harassment of the petitioners who belongs to one family cannot be warranted. Notices meant for respondents no. 1 to 3 have been accepted by the learned A.G.A. Issue notice to respondent no. 4. Steps will be taken within ten days. List this case in the week commencing 6th July, 2009. Counter affidavit may be filed by the next date. In the meantime it is directed that till the next date of listing or till submission of charge sheet under Section 173 Cr. P.C. whichever is earlier petitioners will not be arrested pursuant to the first information report registered at case crime no. 321 of 2009, under Sections 498-A, 504 I.P.C. and 3 / 4 Dowry Prohibition Act, Police Station Mahmoodabad, district Sitapur. However, investigation may go on to which petitioners shall co-operate.