Dismissed

Jasbir Singh & Ors. v. Gurpreet Kaur

Punjab & Haryana HC3 Sept 2024CRM-M/19655/2017

Case brief

AI extract

What is this about?

Coordinate Bench held proceedings under Section 12 DV Act are civil in nature. Petitioners withdrew petition relying on prior judgment dismissing petitions challenging such proceedings. Court dismissed petition as withdrawn with liberty to approach appropriate remedy.

What did the court decide?

Petition dismissed as withdrawn with liberty to take recourse to appropriate remedy. Pending application(s) disposed.

Jasbir Singh & Ors. Vs Gurpreet Kaur — Civil Procedure and Limitation | Punjab & Haryana HC (2024)

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CRM-M-19655-2017 (O&M) -1-

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IN THE H I GH COURT OF PUNJAB AND H ARYANA AT CHANDIGARH

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242-A CR M -M-19655-2017 (O&M) Dat e of Decision: 03.09.2024

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Jasbir Sin g h and others

.… Petitioners

Versus

Gurpreet K aur

.... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

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Present: - Mr. Fateh Sahota, Advocate f o r Mr. S.S. Rangi, Advocate for t he petitioners.

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Mr. MS Yadav, Advocate for Mr. Sunny K. Singla, Advoca t e for the respondent.

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NIDHI GUPTA, J. (ORAL)

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Prayer in this petition filed u n der Section 482 Cr.P.C. is for quashing o f Complaint No. 16 dated 13 . 08.2014 (Annexure P-1) filed under Sec t ion 12 read with Section 17, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 and all consequen t ial proceedings arising therefro m .

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At the very outset, learned co u nsel for the petitioners submits that he ma y be permitted to withdraw the present petition with liberty to take recou r se to the appropriate remedy, i n accordance with law, in view of judgme n t dated 24.04.2023 passed by a co-ordinate Bench of this Court in CRM- M -19553-2023, titled as ‘Jaspal K aur Alias Pinki and others vs. State of P unjab and another’, wherei n it has been held that ‘the proceedin g s under Section 12 of the DV A c t are civil in nature, therefore,

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RISHU KATARIA 2024.09.04 11:16 I attest to the accuracy and authenticity of this order/judgment.

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CRM-M-19655-2017 (O&M) -2-

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a petition under Section 482 Cr.P.C. o r revision under Section 397 Cr.P.C., a ssailing the order passed i n complaint filed under the provisions of DV Act are not maintainabl e ’ .

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In view of the above, the p r esent petition is dismissed as

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withdrawn , with the liberty aforesaid.

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Pending application(s), if any , stand disposed of.

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03.09.2024 ( NIDHI GUPTA ) rishu JUDGE

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Whether speaking/reasoned Yes/No

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Whether Reportable Yes/No