ANUJ KHANNA Vs. AMITA KHANNA

JUDGEMENT

(1.) BOTH these petitions are being disposed of by this common order as they arise out of the same set of facts. The Petitioners have approached this Court under Section 482 of the Code of Criminal Procedure and Article 227 of the Constitution of India for quashing of two orders dated 30.8.2010 and 29.11.2010 passed by the learned trial Magistrate.

(2.) A complaint was filed under the Domestic Violence Act by Respondent -Amit Khanna against each of the Petitioners. The learned court by its order dated 30th August, 2010 observed that there is sufficient ground to proceed against the Respondents and summons were issued for 13.9.2010. On 29.11.2010, the Court ordered: Power of attorney and an application for dismissal of complaint filed on behalf of the Respondents. Copy supplied. On 29.11.2010, the parties are directed to ensure the presence of the respective clients i.e. parties to the present case so that conciliation attempt could be made

(3.) WHAT I find from the record is that on 29.11.2010, the Court notices that the parties were not present and the case was accordingly adjourned for 24.12.2010 and reply to the application instituted for dismissal of the complaint was called for. On 12.1.2011, again the court granted further time for filing of reply for 14.2.2011.