1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 728 of 2011 Rupesh Agnihotri S/o Shri Narayan Prasad Agnihotri R/o A-210, Awas Vikas Colony Praladpuri, Lucknow Road, Hardoi Uttar Pradesh-241001 Also presently residing at Usha Colony Plot no. 8, Shahastradhara Road, Dehradun …..…Petitioner Versus 1. State of Uttarakhand through Secretary Home, Government of Uttarakhand, Dehradun 2. S.H.O. Police Station Patel Nagar District Dehradun 3. Charu Agnihotri, D/o Shri Vinod Kumar Rajput (also W/o Shri Rupesh Agnihotri) R/o Chakki No. 4 Shimla House, Raipur, Dehradun, Uttarakhand. ……….Respondents Mr. Bhupesh Kandpal, Advocate, present for the petitioner. Mr. G.S. Sandhu, G.A., present for the State. Mr. Pawan Mishra, Advocate, present for the respondent no. 3. Hon'ble Prafulla C. Pant, J. Heard. 2. By means of this writ petition moved under Article 226 of Constitution of India, the 2 petitioner has sought quashing of the First Information Report dated 10.08.2011, registered as crime no. 109 of 2011, relating to offences punishable under section 498A, 323, 504 and 506 IPC, Police Station Raipur, District Dehradun. 3. There are specific allegations of cruelty against the husband made by the wife (respondent no.3). On the other hand, learned counsel for the petitioner submitted that the impugned FIR is counter blast to the affidavit filed by the petitioner under section 9 of Hindu Marriage Act, 1955. 4. Having considered submissions of learned counsel for the petitioner, and learned counsel for the State, and after going through the papers on record, this Court is not inclined to interfere with the investigation of the case so far as it relates to the petitioner who is husband of the complainant. 5. Therefore, without expressing any opinion in the matter, the writ petition is dismissed summarily with the observation that if the petitioner Rupesh Agnihotri surrenders before the court concerned his bail application shall be heard, 3 and disposed of without unreasonable delay. (Stay application no. 8790 of 2011, stands disposed of). (Prafulla C. Pant, J.) Parul 26.08.2011