Uttarakhand High Court
WPCRL/216/2025 on 12 March, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Of f ice N ot e s,
re port s, or de rs
or proce e din gs
SL. N o. Da t e or dire ct ion s COURT'S OR JU DGE'S ORDERS
a n d Re gist ra r's
orde r w it h
Sign a t u re s
WPCRL No.216 of 2025
Hon'ble Pankaj Purohit, J.
Ms. Manisha Bhandari, learned counsel for the
petitioner.
2. Mr. Bhaskar Ch. Joshi, learned AGA with Mr. Vipul
Painuly, learned B.H. for the State.
3. By means of this writ petition, petitioners have
impugned the FIR No.73 of 2025 lodged under Sections
323, 325, 376, 498-A, 504 and 120-B IPC registered at
P.S. Jwalapur, Distt. Haridwar.
4. Issue notice to respondent no.5 returnable within
four weeks. Steps within a week.
5. Respondents may file their respective counter
affidavits.
6. List on 14.05.2025.
7. Learned counsel for the petitioners has argued that
petitioner no.1 is the husband whereas petitioner nos.2
and 3 are the father-in-law and mother-in-law of
respondent no.5; petitioners even joined the
investigation, and subsequently, Section 376 IPC was
added. Feeling apprehension, they have approached
this Court.
8. It is further contended that offence of Section 376
IPC cannot be alleged against petitioner no.1 who is
husband of respondent no.5 and they both have a child
aged about eight years; petitioner no.2 who is father in
law is now about 67 years of age; petitioner no.3 who is
mother-in-law is 63 years of age; both are aged and
ailing.9
9. Per contra, learned State Counsel submitted that
serious offences have been alleged against the
petitioners.
10. It is pertinent to mention that as per the pleadings
of writ petition, petitioner nos.1 and 2 have now been
arrested by the police, as is mentioned by petitioners
themselves in paragraph no.8 of the petition. Since
petitioner nos.1 and 2 have already been arrested, no
order can be passed qua them regarding protection.
10. Insofar as petitioner no.3 is concerned, who is the
mother in law of respondent no.5 and an old lady, it is
directed that till the next date of listing, no coercive
measure shall be adopted against petitioner no.3 qua
the impugned FIR till the next date of listing.
11. Interim relief application (IA/1/2025) stands
disposed of.
12. Let a copy of this order be supplied to the parties
today itself on payment of usual charges.
(Pankaj Purohit, J.)
12.03.2025
R.Dang