IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 677 of 2010 with Stay Application No. 6674 of 2010 1. Smt Leelawati w/o Shri Ram Gopal 2. Shri Ram Gopal S/o Late Shri Lal Singh 3. Neetu D/o Shri Ram Gopal 4. Parul @ Seetu D/o Shri Ram Gopal All R/o Shiv Vihar New Avas Colony, Saharanpur, District Saharanpur (U.P) …………… Petitioners Versus 1. State of Uttarakhand, through Secretary, Home, Dehradun 2. Station House Officer, P.S Rishikesh, Dist-Dehradun 3. Smt Manju Sharma D/o Surendra Kumar Sharma R/o Bapugram, P.S Kotwali, Rishikesh, Dehradun District Dehradun …………..Respondents. Shri Ramji Srivastava, Advocate, present for the petitioners. Shri G.S. Sandhu, Government Advocate, with Shri T.C.Aggarwal, 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 2 petitioners have sought quashing of the First Information Report dated 06.08.2010 registered as Crime No. 386 of 2010 relating to offences punishable under section 498A, 323, 504, 506 I.P.C.,and one punishable under section ¾ of Dowry Prohibition Act, 1961, at police station Rishikesh, District Dehradun. (3) Learned counsel for the petitioners submitted that complainant /respondent no. 3 Manju Sharma got married to Manoj Kumar (son of the petitioner no.1 and 2) on 23.01.2004. the marriage is more than six years old. It is pointed out that petitioner no.1 is Mother in law, petitioner no.2 is Father in Law. The petitioner no.3 and petitioner no.4 are unmarried sisters in law who are the students. It is also pointed out that petitioner no.2 is a heart patient. It is further submitted that on behalf of the petitioners that they live separately from Manoj Kumar (husband of the complainant). Attention of this court is also drawn to the advertisement given in the newspaper way back 3 on 05.02.2008 (copy Annexure-3 ) in which the petitioner no.2 Ram Gopal has given public notice he has ousted his son Manoj Kumar and he shall not be entitled to any movable property of the petitioner no.2. The First Information Report discloses that complainant has alleged that her husband Manoj Kumar is living with another woman Anjali, in another house. (4) Admit the petition. (5) Learned counsel for the State prays for and is allowed six weeks time to file the counter affidavit. (6) Issue notices to respondent no.3 Manju Sharma who may also file her counter affidavit within a period of six weeks. (7) In the above circumstances, as an interim measure, meanwhile, it is directed that the petitioners namely Smt Leelawati, Sri Ram Gopal, Neetu and Parul @ Seetu shall not be arrested in connection with aforesaid crime during investigation, provided they cooperate 4 with the investigating agency. (8) List after six weeks. (Stay Application No. 6674 of 2010 stands disposed of). (Prafulla C. Pant, J.) Dt.11.08.2010 NP