Hon'ble Bachchoo Lal,J.
1. The petition seeks issuance of a writ in the nature of certiorari quashing Case Crime No.10 of 2016, under Sections 498-A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act & Section 6 The Indecent Representation of Women (Prohibition) Act, Police Station Ajgain, District Unnao.
2. Contention of learned counsel for the petitioners is that petitioner no.1 is married to respondent no.4. There is matrimonial dispute. Offence has not been committed, however, impugned criminal proceedings have been initiated, implicating all the family members.
3. Learned counsel has drawn attention of the Court towards Annexure-2 to say that after registration of the first information report the parties entered into a compromise. Respondent no.4, in terms of compromise, accepted all the household articles given as stridhan and also a sum of Rs.6,50,000/- (Rupees six lakhs fifteen thousands) in lieu of alimony etc. Document Annexure-2 has been duly signed not only by respondent no.4 but also her father Raj Mohan Singh on 18.01.2015. After accepting the household articles and a sum of Rs.6,50,000/-, the petitioners are resiling from the compromise.
4. Issue notice to respondent no.4 returnable on 17.02.2016. Respondent no.4 be served also through S.H.O., Police Station Ajgain, District Unnao. In the meantime the Investigating Officer is directed to verify genuineness of Annexure-2 and file his affidavit.
5. Arrest of the petitioners shall remain stayed till the next date of listing.
6. The petitioners are directed to join investigation.
7. The Court has been informed that a copy of the document Annexure-2 has already been furnished to the Investigating Agency.
8. Let another copy of document Annexure-2 be served Circle Officer Incharge, Police Station Ajgain, District Unnao within two days. So that this order can be complied with.
9. List on 17.02.2016.
Order Date :- 2.2.2016 Jitendra