Dismissed

Major Singh and Ors. v. Sukhraj Kaur

Punjab & Haryana HC23 Oct 2024CRM-M/2441/2019

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. sought setting aside of an appellate order in Domestic Violence Act proceedings. Following a coordinate bench ruling that DV Act proceedings are civil in nature and such challenges are not maintainable, counsel sought withdrawal and the petition was dismissed as withdrawn with liberty to pursue appropriate remedies.

What the court decided

AI extract

Major Singh and Ors. Vs Sukhraj Kaur — Domestic Violence | Punjab & Haryana HC (2024)

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CRM-M-2441-2019

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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231-I

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Criminal Misc. No. M-2441 of 2019 Date of decision :-23.10.2024

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Major Singh and others

…..Petitioners

Versus

Sukhraj Kaur

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Veneet Sharma, Advoc a te for the petitioners.

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Mr. Jagjeet Singh, Advocate for Mr. Amit Arora, Advocate for the respondent .

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NIDHI GUPTA J. (Oral)

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Prayer in this petition is for setting aside the order dated 03.10.20 1 8 (Annexure P-3) passed by learned Additional Sessions Judge, T a rn Taran in Appeal No.96 of 2 017 titled as ‘Sukhraj Kaur vs. Majo r Singh and others’, filed under Section 29 of the Protection of Wom e n from Domestic Violence Ac t , 2005 against the judgment dated 15. 7 .2017 Crl.No.65 CIS No.COM A 04/2015 passed by the Sub Division a l Judicial Magistrate, Khadur S a hib.

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At the very outset, learne d counsel for the petitioners submits t hat he may be permitted to w ithdraw the present petition with libe r ty to take recourse to the appro p riate remedy, in accordance with law , in view of judgment dated 2 4.04.2023 passed by a coordinate B ench of this Court in CRM-M - 19553-2023, titled as ‘Jaspal Kaur Ali a s Pinki and others vs. State of P unjab and another’, wherein

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VIJAY ASIJA 2024.10.24 09.16 I attest to the accuracy and integrity of this document

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CRM-M-2441-2019 2

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it has be e n held that ‘the proceedings un d er Section 12 of the DV Act are civil i n nature, therefore, a petition u nder Section 482 Cr.P.C. or revision u nder Section 397 Cr.P.C., a s sailing the order passed in complain t filed under the provisions of DV Act are not maintainabl e’.

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In view of the above, the pr e sent petition is dismissed as

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withdrawn, with the liberty aforesaid.

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October 2 3, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2024.10.24 09.16 I attest to the accuracy and integrity of this document

Major Singh and Ors. v. Sukhraj Kaur

Case brief

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What the court decided

Major Singh and Ors. v. Sukhraj Kaur

Case brief

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