Dismissed

Major Singh v. Sukhraj Kaur

Punjab & Haryana HC23 Oct 2024CRM-M/2453/2019

Case brief

AI extract

What is this about?

Petition sought setting aside of DV Act proceedings orders; counsel sought withdrawal in view of a coordinate bench ruling that such challenges are not maintainable as DV Act proceedings are civil in nature. Petition dismissed as withdrawn with liberty to pursue appropriate remedy.

What did the court decide?

Petition dismissed as withdrawn with liberty to take recourse to appropriate remedy in accordance with law.

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

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CRM-M-2453-2019

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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231-II

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Criminal Misc. No. M-2453 of 2019 Date of decision :-23.10.2024

Major Singh

…..Petitioner

Versus

Sukhraj Kaur

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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

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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 15.7.201 7 (Annexure P-1) passed by lea r ned Sub Divisional Judicial Magistra t e, Khadur Sahib in an applica t ion under Section 12 of the Protectio n of Women from Domestic Vi o lence Act, 2005 filed by the responde n t; and the order dated 03.10.20 1 8 (Annexure P-3) passed by the learn e d Additional Sessions Judge, T a rn Taran in Appeal No.95 of 2017.

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At the very outset, learne d counsel for the petitioner 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

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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-2453-2019

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Kaur Ali a s Pinki and others vs. State of P unjab and another’, wherein 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 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 v. Sukhraj Kaur

Case brief

What is this about?

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Major Singh v. Sukhraj Kaur

Case brief

What is this about?

What did the court decide?

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