WPCRL/775/2025 on 22 July, 2025

Uttarakhand High Court

WPCRL/775/2025 on 22 July, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPCRL No.775 of 2025
                                  Hon'ble Pankaj Purohit, J.

Ms. Prabha Naithani and Mr. Avidit
Noliyal, learned counsel for the petitioners.

2. Mr. S.S. Chauhan, learned D.A.G. with
Mr. Vikas Uniyal, learned Brief Holder for the
State of Uttarakhand/respondent Nos.1 & 2.

3. Mr. Birendra Singh Adhikari, learned
counsel for respondent No.3.

4. By means of the present writ petition,
petitioners have put to challenge the
impugned FIR No.0105 of 2025 dated
13.07.2025, for the offences punishable
under Sections 120-B, 420, 467, 468, 471,
504 and 506 IPC, registered with P.S.
Dalanwala, District Dehradun and further a
direction to respondent Nos.1 and 2 not to
arrest the petitioners in connection with the
aforesaid FIR.

5. Learned counsel for the petitioners
submits that the petitioners and respondent
No.3 are the family members. The property
in-question is a joint property between two
brothers i.e. husband of petitioner No.1
(Narendra Bansal) and his brother i.e. Neeraj
Bansal, husband of respondent No.3-
complainant and the entire dispute as alleged
in the impugned FIR is purely civil in nature
which was tried to be given a criminal colour
illegally.

6. She further submits that the property in-
question were done by the husband of
petitioner No.1 and husband of respondent
No.3, petitioners have no direct concern with
the said property transactions and merely the
property was in the name of petitioner No.1,
neither petitioner No.1 did any sale deed
herself nor got any money in her account for
any transaction.

7. Learned counsel for the petitioners
further contends that neither the petitioners
have forged any document nor have
committed cheating with respondent No.3,
thus, no offence under Sections 120-B, 420,
467, 468, 471 IPC is made out and further,
since both the families have not visited each
other house for the last two years, therefore,
there is no question exist of committing the
alleged offence pertaining to Section 504 and
506 IPC.

8. Having heard the submissions made by
learned counsel for the petitioners and having
gone through the impugned FIR, this Court is
of the view that the petitioners deserve some
protection from this Court at this stage.

9. Respondents are directed to file counter
affidavit(s) within four weeks.

10. Put up on 15.09.2025.

11. In the meantime, no coercive measure
shall be taken against the petitioners
pursuant to the impugned FIR, provided they
cooperate with the investigation.

12. Stay Application (IA/1/2025) stands
disposed of.

(Pankaj Purohit, J.)
22.07.2025
PN