Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
The petitioners by means of this writ petition under Article 226 of Constitution, have prayed for quashing FIR relating to case crime no. 562 of 2009 under Sections 498-A, 323 & 506 IPC read with Section 3/4 of the Dowry Prohibition Act of Police Station Mahanagar, district Lucknow.
We have gone through the contents of the FIR as well as copy of decree of the Court of Additional Civil Judge (Senior Division) Court No. 4, Ghaziabad, which has been annexed as Annexure-2 to the Writ Petition. Said decree is for divorce with consent of the petitioner and opposite party no. 4.
Argument advanced by learned counsel for the petitioner is that decree for divorce with the consent of the parties was passed on 01.08.2009 and the impugned FIR has been lodged on 12.11.2009 and, thus, it has been lodged with mala fide intention.
Issue notice to opposite party no. 4 returnable at an early date. Opposite parties may file counter affidavit within six weeks. Two weeks thereafter are granted to the petitioners to file rejoinder affidavit, if any.
List the petition after the period granted for exchange of affidavits.
It is directed that till the next date of listing arrest of the petitioners in the above mentioned case crime number shall remained stayed. Investigation shall go on and the petitioners shall cooperate with the same.
Order Date :- 18.1.2010 anb