NITIN KALIA AND OTHERS Vs. RASHMI SHARMA

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) for quashing of complaint No. 51 instituted on 19.9.2007 (Annexure P-11) titled 'Mrs. Rashmi Sharma Vs. Nitin Kalia and others' under Section 406, 498-A, 506, 312, 109, 120-B of the Indian Penal Code and all the subsequent proceeding arising therefrom including the summoning order dated 29.11.2008 (Annexure P-12) and order dated 15.5.2010 (Annexure P-15).

(2.) Learned counsel for the petitioners has, inter alia, argued that the summoning order was liable to be quashed as while passing the said order, Magistrate had failed to comply with the provisions of Section 202 Cr.P.C. In support of his arguments, learned senior counsel for the petitioners has placed reliance on the decision of this Court in S.K.Bhowmik vs. S.K.Arora and another, 2007 4 RCR(Cri) 650, wherein, in para 14, it was held as under:-

(3.) Learned counsel for the petitioner has further submitted that the dispute between the parties at an earlier occasion was amicably settled. Respondent had taken away all her articles and had given a receipt in this regard. Reliance in this regard has been placed on compromise Annexure P-8 dated 4.11.2006, statement of respondent Annexure P-9 dated 4.11.2006 and Annexure P-10.