High CourtsSingle Bench(2010) 08 UK CK 0009

Harsh Kansal vs State of Uttarakhand and Smt. Jigyasa Kansal

Uttarakhand High Court · Decided on 4 August 2010

HON’BLE JUDGES
Prafulla C. Pant, J

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Judgment

7 paragraphs · 204 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought quashing of the first information report/Crime No. 291 of 2010, relating to offences punishable u/s 498A, 323, 504, 506 of I.P.C., and one punishable u/s 3/4 of the Dowry Prohibition Act, 1961, police station Kotwali Nagar, District Dehradun.

3.

Learned Counsel for the petitioner submitted that the first information report in question is a counter blast to the divorce petition filed by the petitioner against respondent No. 3. On the other hand, learned Counsel for the complainant argued that the petitioner and in-laws of the complainant demanded dowry and harassed the complainant. Both the parties allege that one suffered injuries at the hand of another.

4.

Admit the petition.

5.

Learned Counsel for the respondents pray for and are allowed six weeks� time to file the counter affidavit.

In the above circumstances, meanwhile, as an interim measure, it is directed that the petitioner Harsh Kansal shall not be arrested in connection with aforesaid crime, during investigation, provided he cooperates with the investigating agency.

6.

List this writ petition after three weeks. (Stay Application No. 6374 of 2010 stands disposed of).