Court No. - 49 Case :- APPLICATION U/S 482 No. - 34128 of 2009 Petitioner :- Rakesh Kumar And Another Respondent :- State Of U.P.And Another Petitioner Counsel :- Janardan Prsd Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State
respondent.
The present 482, Cr.P.C. application has been filed for quashing the
proceedings of case no. 886 of 2008 under Section 489A, 323, 504 IPC and
Section 3/4 Dowry Prohibition Act, pending before Additional Chief Judicial
Magistrate I, Kanpur Dehat.
It is contended by the learned counsel for the applicants that a compromise
has taken place between the husband and wife on 13.7.2007, copy of which
has been filed as annexure-5 to the affidavit, and since then they are living
together.
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be
taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter
affidavit. The opposite party no.2 may also file counter affidavit within the
said period. As prayed by the learned counsel for the applicant one week
thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Till the next date of listing further proceedings of aforesaid case shall be kept
in abeyance.
Order Date :- 11.1.2010
Ashish