Court No. - 45 Case :- APPLICATION U/S 482 No. - 20232 of 2010 Petitioner :- Arun Kumar & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Sanjay Kumar Dwivedi Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare, J.
Heard learned counsel for the applicants and the learned AGA for the State-
respondent.
The present 482 Cr.P.C. petition has been filed for quashing the summoning
order dated 7.11.2009, passed by the Judicial Magistrate-V, Mathura whereby
the applicants have been summoned in complaint case no.215/IX of 2009,
under Section 406 IPC.
It is contended by the learned counsel for the applicants that the opposite
party no.2 had also initiated proceedings under Sections 498-A, 323, 504, 506
IPC and ¾ of Dowry Prohibition Act and when the applicants were
summoned, they filed Crl. Misc. 482 Application No.474 of 2010 and this
Court had referred the said matter on 22.7.2010 to the Mediation and
Conciliation Centre of this Court and it is argued that the husband (Arun
Kumar) as well as the wife (Smt. Hemlata Sharma) had entered into a mutual
settlement agreement before the Mediation Centre, photo copy of the said
order has been produced before this Court, which has been taken on record.
Issue notices to opposite party no.2 returnable within four weeks. Steps be
taken within one week.
Learned AGA prays for and is granted four weeks time to file counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicants, two weeks thereafter
is granted for filing rejoinder affidavit. List after expiry of the aforesaid
period, before the appropriate Bench.
Till the next date of listing, further proceedings in Complaint Case No.
215/IX of 2009, under Section 406 IPC, pending before the Judicial
Magistrate-V, Mathura, shall be kept in abeyance.
Order Date :- 27.7.2010
Hasnain