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Judgment
Hon''ble Rajesh Dayal Khare, J.—Heard learned counsel for the applicants and learned AGA for the State-respondent.
The present application u/s 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 391 of 2007 arising out of Case Crime No. 276 of 2007, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, PS Mawana, district Meerut and also for quashing the order dated 05.07.2011 passed by the Judicial Magistrate, Mawana, Meerut, whereby the application of opposite party No. 2 for withdrawing the compromise application has been allowed.
It is contended by the learned counsel for the applicants that compromise was entered into between applicant No. 2 (husband) and opposite party No. 2 (wife) and they were living together, but it is contended that opposite party No. 2 moved some application that the applicants had violated the terms and conditions of compromise at the time when she was admitted in hospital and the said application was allowed and compromise application has been withdrawn by the order impugned.
It is further contended by the learned counsel for the applicants that a child was also born out of the said wedlock and there are all chances of reconciliation between the parties.
It is also contended by the learned counsel for the applicants that there was no violation of terms and conditions of compromise by the applicants.
Learned counsel for the applicants states that some date may be fixed after six weeks, on which date, applicant No. 2 and opposite party No. 2 shall remain present before this Court for reconciliation.
Issue notice to the opposite party No. 2 returnable within a period of four weeks. Steps be taken within a week.
Learned AGA prays for and is granted four weeks'' time to file a counter affidavit. Opposite party No. 2 may also file counter affidavit within the same period. Learned counsel for the applicants shall have two weeks thereafter to file a rejoinder affidavit.
List on 23rd February, 2012, on which date, applicant No. 2 and opposite party No. 2 shall remain present before this Court.
Learned counsel for the applicants has stated that the applicant No. 2 shall pay Rs. 3,500/- to opposite party No. 2 as cost of her appearance in the court on the next date fixed.
Till the next date of listing, no coercive action shall be taken against the applicants.