Ajay Nautiyal v. State of Uttarakhand through Secretary (Home) & two others

Sri Lokendra Dobhal, learned counsel for the petitioner Sri Nandan Arya, learned AGA for the State Coram: Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Dated: May 21, 2008 Heard Sri Lokendra Dobhal, learned counsel for the petitioner. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the FIR dated

16.5.2008 in Case Crime No.9/94/2008 u/s 498-A/323/504 IPC and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, at P.S. Jogiwala, Chowki Nehru Colony, Dehradun. The petitioner is husband of the complainant. It is alleged in the FIR that for non-fulfillment of demand of dowry, the complainant was beaten up and she got herself medically examined. Learned counsel for the petitioner argued that a compromise was entered into between the complainant and the petitioner (parties to the matrimony) and all the articles of the complainant were returned to her who left to her parents’ house at her own volition. It is further contended that after the first compromise with the complainant, the petitioner and the complainant started living separately in a rented house and still the other family members, who were not living with the complainant, are implicated in the first information report. However, other family members are not the petitioners before this Court in this writ petition. Having heard learned counsel for the parties, we dispose of this writ petition with the direction that the investigation may proceed, but it is observed that if the petitioner is arrested or surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay by the court concerned. (Stay Application No.2916/2008 also stands dismissed.)

21.05.2008 (Dharam Veer, J.) (Prafulla C.Pant, J.) Rajeev Dang