Uttarakhand High Court
Paritosh Kumar And Others vs State Of Uttarakhand And Others on 24 June, 2016
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Writ Petition No. 782 of 2016
Paritosh Kumar & others .......Petitioners
Versus
State of Uttarakhand & others .......Respondents
Hon'ble Sudhanshu Dhulia, J.
1. Mr. P.C.Pethshali, Advocate, present for the petitioners.
2. Mr. D.K.Sharma, Additional Advocate General with Ms. Mamta Joshi, Brief Holder present for the State/respondent nos.1 & 2.
3. The First Information Report has been lodged by respondent no. 3, which has been registered as FIR No. 288 of 2016, under Sections 323/504/498A of IPC & under Section 3/4 of the Dowry Prohibition Act, at Police Station-Rudrapur, District-Udham Singh Nagar implicating the present petitioners. Apprehending their arrest, the petitioners have approached this Court for relief.
4. The petitioner no.1 was married to respondent no.3 on 08.12.2012 as per Hindu rites and ceremonies. Thereafter, the First Information Report has been lodged by respondent no. 3 alleging demand of dowry. Petitioner nos. 2, 3, 4 & 5 before this Court are the mother-in-law, brother-in- laws and sister-in-law of the respondent no.3 respectively.
5. Considering the facts and circumstances of the case as well as the nature of offence and since the maximum punishment in these offences is seven years or less, a limited interference is called for in the matter.
6. The writ petition stands disposed with the direction to the police authorities to proceed with the investigation in accordance with law, subject to the full 2 cooperation of the petitioners in the investigation, but as far as the arrest of the petitioners are concerned the same may be done only under the parameters as framed under Section 41 and Section 41A of Cr.P.C. as well as following the guidelines given by the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar & another, reported in (2014) 8 SCC
273.
7. It is further made clear that this order shall remain operative till the filing of charge sheet, in case of that event.
(Sudhanshu Dhulia, J.) 24.06.2016 Nitesh