THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9467 of 2011 ORDER: Petitioner approached this Court with a prayer to quash order, dated 05.09.2011, passed by the V Additional Judicial First Class Magistrate, Warangal, in Crl.M.P.No.245 of 2011 in DVC.No.1 of 2009, whereunder the petition filed by the 2nd respondent herein for restoration of DVC No.1 of 2009 was partly allowed as hereunder: “The respondent is directed to pay an amount of Rs.1,000/- each to P.2 to P.4 towards school fee and other expenses on 5th day of every succeeding month till the disposal of main DVC. The respondent is directed not to harass and not to beat the Petitioners 1 to 4 in any manner and protect the children in day to day life. The respondent is directed not to enter the house bearing No.15-2-390/2/1 situated at Rangampet, Warangal, in which House P.1 to P.4 are residing and not to obstruct the Petitioners 1 to 4 in any manner and the Respondent secure alternative accommodation at his costs. If any deviation is made by the Respondent against the above said orders of this Court, further steps will be taken against the Respondent without any prior …” Petitioner herein is the husband of the 2nd respondent herein. The 2nd respondent herein filed DVC.No.1 of 2009 on the file of V Additional Judicial First Class Magistrate, Warangal, against the petitioner herein. Thereafter, with the efforts of well wishers and friends, the parties agreed to compromise the matter and, accordingly, Memorandum of Compromise was reduced into writing and Crl.M.P.No.83 of 2011 was filed to record the terms of compromise. The learned Magistrate allowed Crl.M.P.No.83 of 2011 and consequently closed DVC.No.1 of 2009. However, subsequently, the 2nd respondent herein filed the present petition being Crl.MP.No.245 of 2011 before the V Additional Judicial First Class Magistrate, Warangal, for restoration of DVC on the ground that the petitioner was harassing the 2nd respondent and her children, and also filed an affidavit to that effect. The learned Magistrate, by the impugned order, dated 05.09.2011, partly allowed the present petition as stated supra. Aggrieved thereby, the present criminal petition is filed. Learned counsel for the petitioner submits that the trial Court passed the impugned order without hearing the petitioner. Considering the facts and circumstances of the case, the impugned order, dated 05.09.2011, passed by the V Additional Judicial First Class Magistrate, Warangal, in Crl.M.P.No.245 of 2011 in DVC.No.1 of 2009, is set aside, and the trial Court is directed to issue notice to both parties and, after hearing them, dispose of Crl.M.P.No.245 of 2011 in D.V.C.No.1 of 2009 afresh within three months from today. Accordingly, the criminal petition is disposed of. The miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 30.09.2011 v v