C482/595/2020
2023 Latest Caselaw 2212 UK

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      Date    or directions                       COURT'S OR JUDGES'S ORDERS
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                               MCRC No. 4317 of 2021
                               In
                               C 482 No. 595 of 2020
                               Hon'ble Rakesh Thapliyal, J.

1. Mr. Piyush Garg, learned counsel, for the applicants.

2. Mr. G. C. Lakhchaura, learned counsel, for the respondent no. 2.

3. This recall application no. 4317 of 2023 has been moved by respondent no. 2 for recalling the order dated 14.12.2020 passed by the Coordinate Bench of this Court on the ground that despite the compromise entered between the parties on the basis of which order dated 14.12.2020 was passed, the behaviour of the applicant no. 1 has not changed towards respondent no. 2 and again, he started cruelty and harassment against her.

4. In response to this, objections are filed by the applicants.

5. Order dated 14.12.2020 was passed in presence of the parties, who were present through video conferencing. This judgment was rendered after taking into consideration the fact that parties have entered into settlement, for which they had filed compounding application.

6. Since in view of Section 362 Cr.P.C. against the order passed in a petition under Section 482 Cr.P.C. no recall application is maintainable, therefore, recall application is dismissed as not maintainable. However, respondent no. 2 is free to avail remedy as provided under law.

7. I.A. No. 4318 of 2021 also stands disposed of accordingly.

(Rakesh Thapliyal, J.) 11.08.2023 SKS