Uttarakhand High CourtWPCRL/220/2023 on 7 February, 2023Author:Alok Kumar VermaBench:Alok Kumar VermaOffice Notes, reports,\nSL.                 orders or proceedings or\n          Date                                                 COURT'S OR JUDGES'S ORDERS\nNo                 directions and Registrar's\n                     order with Signatures\n\n\n      07.02.2023                                WPCRL No. 220 of 2023\n                                                Hon'ble Alok Kumar Verma, J.The present Writ Petition has\n                                                been filed underArticle 226of the\n                                                Constitution of India to quash the\n                                                impugned First Information Report No.\n                                                739 of 2022, registered with Police\n                                                Station Kashipur, District Udham Singh\n                                                Nagar,    for      the     offence          punishable\n                                                underSections 323,354,498-A,504,506I.P.C.,Section 3/4of the Dowry\n                                                Prohibition Act, 1961 andSection 3/4of the Muslim Women (Protection of\n                                                Rights on Marriage) Act, 2019.Heard Mr. Syed Nadim with Mr.\n                                                Bhupendra Prasad, learned counsel for\n                                                the petitioners and Ms. Manisha Singh\n                                                Rana, learned A.G.A. with Mr. B.S.\n                                                Thind and         Mr. Tumul K.               Nainiwal,\n                                                learned Brief Holders for the State.Mr.      Syed         Nadim,          learned\n                                                counsel for the petitioners submitted\n                                                that the petitioner no.1, namely, Tariq\n                                                has    not       given        divorce         to   the\n                                                respondent no.4-informant/victim, as\n                                                stated in the paragraph no.22 of the\n writ petition. He further submitted that\nthere may be a chance of reconciliation\nbetween         the     parties.          Remaining\npetitioners are the family members of\nthe petitioner no.1.Learned counsel for the State\nrequested three weeks' time to file\ncounter affidavit.Issue notice to respondent no.4.\n         Steps to be taken within a\nweek.On the request of both the\nparties, list this case on 13.03.2023.Till   then,       in    the     facts    and\ncircumstances of the case and after\nconsidering the submissions of learned\ncounsel for the parties, it is directed\nthat no coercive action shall be taken\nagainst the petitioners in connection\nwith     F.I.R.       No.        0739     of      2022,\nregistered with Police Station Kashipur,\nDistrict Udham Singh Nagar for the\noffence under 323, 354, 498-A, 504,\n506I.P.C.,Section 3/4of the Dowry\nProhibition Act, 1961 andSection 3/4of the Muslim Women (Protection of\nRights     on     Marriage)             Act,      2019,\n provided the petitioners shall cooperate\nwith the Investigating Agency in the\ninvestigation, they will be available for\ninterrogation      by    the     Investigating\nAgency and they will not directly or\nindirectly make any inducement, threat\nor promise to any person acquainted\nwith the facts of the case.It   is     clarified     that    no\nadjournment shall be granted on the\ndemand of the petitioners on the date\nfixed.It is also clarified that if the\npetitioners misuse or violate any of the\nconditions, imposed upon them, the\nInvestigating Officer will be free to\nmove the Court for vacation of stay\norder.Stay application (IA 1 of 2023)\nand urgency application (IA 2 of 2023)\nstand disposed of accordingly.(Alok Kumar Verma, J.)\n                        Vacation Judge\n                         07.02.2023\nMamta