Col. Suman Negi And Others vs State Of Uttarakhand And Others on 15 May, 2012

Uttaranchal High Court

IN THE HIGH COURT OF UTTARAKHAND AT

NAINITAL

Criminal Writ Petition No. 410 of 2012

1. Col. Suman Negi, S/o Shri Budhhi Singh Negi,

2. Budhhi Singh Negi, S/o Late Shri Thel Singh Negi,

3. Smt. Shushila Negi, W/o Shri Budhhi Singh Negi, All R/o 392 (OLD) Gram Samaj Road, Vasant Vihar Enclave Dehradun, District Dehradun.

.........Petitioners

Versus

1- State of Uttarakhand, through Secretary (Home), Secretariat, Uttarakhand, Dehradun.

2- Station House Officer, P.S. Cantt. District Dehradun. 3- Smt. Priya Negi, W/o Shri Col. Suman Negi, D/o Shri Rajpal Singh Negi, R/o 23 Shiv Mandir, Ballupur Chawk, District Dehradun.

......Respondents

Mr. R.P. Nautiyal, Advocate, present for the petitioners. Mr. S.S. Adhikari, A.G.A., present for the State.

Hon'ble Prafulla C. Pant, J.

Heard.

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 21.03.2012, registered as Crime No. 52 of 2012, relating to offences punishable under Section 498A, 452, 323, 504 and 506 of I.P.C., at Police Station-Cantt., District Dehradun.

3) Learned counsel for the petitioners submitted that the marriage between the petitioner No.1 and the respondent 2

No.3 was solemnized way back in the year 1999. It is stated that after a period of 12 years, the impugned First Information Report is lodged, which is nothing but abuse of process of law. It is pointed out that petitioner No.2 Budhhi Singh Negi (father-in-law of the complainant) is suffering from paralysis and bed ridden person. It is also pointed out that petitioner No.3 Smt. Shushila Negi (mother-in-law of the complainant) is ailing old woman.

4) However, there are specific allegations as against the petitioner No.1 Col. Suman Negi (Retired). But as against the petitioner No.2 Budhhi Singh Negi and petitioner No.3 Sushila Negi, the impugned First Information Report appears to be abuse of process of law, as there is no specific allegation of harassment or cruelty committed by them against the complainant.

5) Admit the petition.

6) Learned counsel for the State prays for and is allowed six weeks' time to file the counter affidavit.

7) Issue notice to respondent No.3 Smt. Priya Negi, who may also file her counter affidavit within a period of six weeks.

8) Having considered submissions of learned counsel for the petitioners, and learned counsel for the State, and after going through the contents of the F.I.R., as an interim 3

measure, it is directed that petitioner No.2 Budhhi Singh Negi and petitioner No.3 Smt. Shushila Negi, shall not be arrested in connection with First Information Report dated 21.03.2012, registered as Crime No. 52 of 2012, relating to offences punishable under Section 498A, 452, 323, 504 and 506 of I.P.C., at Police Station-Cantt., District Dehradun, during investigation, provided they cooperate with the investigating agency. So far as the petitioner No.1 Col. Suman Negi is concerned, it is directed that if he surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay, keeping in mind that the marriage between the petitioner No.1 and the respondent No.3 (complainant) is 12 years old, and not only this that the two are already in litigation in divorce petition, and also under Section 125 of Cr.P.C. (Stay Application No. 4567 of 2012, stands disposed of).

9) List after six weeks.

(Prafulla C. Pant, J.)

15.05.2012