Uttarakhand High Court
Shabbir S/O Jeevna vs State Of Uttarakhand on 19 December, 2012
Author: Prafulla C. Pant
Bench: Prafulla C. Pant
1
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Criminal Writ Petition No. 1185 of 2012
with
Stay Application No. 13500 of 2012
1. Shabbir S/o Jeevna
2. Jameel S/o Shabbir
3. Rizwan S/o Shabbir
All are R/o Mohalla Pawdhoi
Badi Sadak, P.S Jwalapur, District Hardwar
............... Petitioners
Versus
1. State of Uttarakhand, through
S.S.P Hardwar
2. Station House Officer
Police Station Jwalapur
District Hardwar
3. Irfan
S/o Hameed
R/o Mohalla Pawdhoi
Badi Sadak, P.S Jwalapur, District Hardwar
..............Respondents.
Shri Mohd. Umar, Advocate, present for the petitioners.
Shri K.S. Rautela, A.G.A. present for the State.
Shri Mohd. Safdar, Advocate, present for the respondent no.3
Hon'ble Prafulla C. Pant, J.
Heard.
2(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 dated 28.07.2012, registered as Crime No. 279 of 2012, relating to offences punishable under section 504, 506, 386 and 420 of I.P.C., at Police Station Jwalapur, District Hardwar.
(3) Learned counsel for the petitioners submitted that admittedly it is a case of property dispute between the parties. It is as mentioned in the First Information Report that there was settlement/compromise between the parties whereby respondent no.3 had to pay ` 10 lac to the petitioner no.1 Shabbir to get the suit withdrawed by him in respect of the property in question. Actual dispute between the parties is whether the entire ` 10 lac has been paid or not. Learned counsel for the petitioners submitted that it is abuse of process of law to implicate the petitioners in the criminal case by resorting to section 156 (3) of Cr.P.C in a matter of pure civil dispute.
(4) Admit the petition.
(5) Learned counsel for the State, and learned 3 counsel for the complainant pray for and are allowed six weeks' time to file the counter affidavits.
(6) Having heard learned counsel for the petitioners, learned counsel for the State, and learned counsel for the complainant, and after going through the papers on record, as an interim measure, it is directed that the petitioners namely Shabbir, Jameel and Rizwan shall not be arrested in connection with aforesaid Crime No. 279 of 2012, relating to offences punishable under section 504, 506, 386 and 420 of I.P.C., at Police Station Jwalapur, District Hardwar, during investigation, provided they cooperate with the investigating agency. (Stay Application No. 13500 of 2012 stands disposed of).
(7) List after six weeks.
(Prafulla C. Pant, J.) Dt.19.12.2012 NP