Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate, who has accepted notice on behalf of opposite party Nos. 1 & 2. Issue notice to opposite party No. 3 returnable at an early date. Respective opposite parties may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed by the petitioner within next two weeks.
List after expiry of aforesaid period.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 605 of 2009, under Sections 498-A, 323 & 506 IPC and Section ¾ Dowry Prohibition Act, police station Bakshi ka Talab, district Lucknow. We have gone through the contents of the FIR and other documents annexed hereto.
The allegations levelled against the petitioner, who happens to be mother-in- law of Smt. Kiran, the daughter of opposite party No. 3, are to the effect that Smt. Kiran was being harassed and victimized by the petitioner for the lust of dowry, therefore, she was turned out from the house of the petitioner. She even refused to live with her husband as it comes out from Annexure-2 to this petition.
The argument advanced by learned counsel for the petitioner is that the son of petitioner is ready to keep his wife (Smt. Kiran) with him but she has refused to live in a joint-family, as such, this FIR is an out of the same. We find substance in the arguments of learned counsel for the petitioner. Accordingly, we directed that the petitioner shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against her in the shape of report under Section 173 Cr.P.C, provided she cooperates with the investigation, which shall go on. Order Date :- 8.1.2010 Pradeep/-