Heard learned counsel for the applicants and learned A.G.A. for the State respondent.
The present 482 petition has been filed for quashing of the charge sheet dated 9.3.2009 in case crime crime no. 88 of 2009 under sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act P.S. Colonelganj District Allahabad pending in the court of Special Chief Judicial Magistrate, Allahabad.
It is contended by learned counsel for the applicants that against the lodging of F.I.R. in case crime no. 88 of 2009 applicants have filed Criminal Misc. Writ Petition No. 3092 of 2009 before this court and this court vide order dated 3.3.2009 referred the matter to Mediation Centre. Before the Mediation Centre the matter was finally settled between the parties, copy of which has been filed as annexrue-2 to this application. It is further contended that the matter has been amicably settled, and thus filing of charge sheet against the applicants is bad in law.
Issue notice to 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 for filing 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' time thereafter is granted for filing rejoinder affidavit.
List after expiry of aforesaid period before appropriate Court.
Till the next date of listing, no coercive action shall be taken against the applicants pursuant to aforesaid case.
Order Date :- 13.12.2010 Atul kr. sri.