Court No. - 25 Case :- MISC. BENCH No. - 125 of 2010 Petitioner :- Ram Lal Saini S/O Late Rangeelay Saini And Anr. Respondent :- State Of U.P. Thru. Secy. Home Dept. And Others Petitioner Counsel :- R.K. Saini Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners & learned Additional Government
Advocate.
Under challenge is FIR relating to Case Crime No. 37 of 2009, under Sections
498A, 323, 504 IPC and 3/4 Dowry Prohibition Act, police station Mahila
Police Station, district Gonda.
We have gone through the FIR.
It comes out that there is matrimonial dispute going on between the
respondent no. 4 and her In-laws and the instant FIR is an outcome of the
same. Even respondent no. 4 namely Smt. Usha Saini had made accused her
husband, who has been released on bail. It is further submitted that the dispute
between the parties relates to matrimonial dispute and allegations made in the
FIR are trivial in nature against the petitioners. and there is every likelihood
that Compromise may be entered into between the parties and also since the
husband of respondent no. 4 namely Vimal Saini has also filed an application
under Section 9 of the Hindu Marriage Act which goes to show that matter
may be settled and the petitioners being Father and Mother in-laws of
respondent no. 4.
Having gone through the contents of the FIR and considering the submissions
made by the learned counsel for the petitioners, we hereby direct that the case
be fixed on 28th January, 2010. On the said date Vimal Saini, husband of
respondent no. 4 shall appear before this Court .
Let notice be issued to opposite party no. 4 Smt. Usha Saini through Chief
Metropolitan Magistrate concerned with the direction that she should appear
before this Court on 28.01.2010.
List on 28.01.2010.
Till next date of listing, it is directed that the petitioners shall not be arrested
in the aforesaid case crime number, however investigation shall go on and
petitioner to cooperate in it.
Petitioners shall also take steps for getting service effected upon the
respondent no. 4 on both the addresses.
Order Date :- 8.1.2010/Kaushal