COURT OF PUNJAB AND HARYANA AT CHANDIGARH…
petition dismissed as withdrawn with liberty to approach appropriate remedy.
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IN THE H IGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
235 CR M -M-35304-2020 Dat e of Decision: 25.10.2024
Gurmeet K aur .… Petitioner
Versus Simaranjit Singh .... Respondent
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: - Mr. MS Sachdev, Advocate f o r the petitioner.
NIDHI GUPTA, J. (ORAL)
Prayer in this petition filed u n der Section 482 Cr.P.C. is for quashing o f impugned order dated 21.01. 2 020 (Annexure P-1) passed by the learne d Additional Sessions Judge, J alandhar, whereby the appeal filed by th e respondent against the order d ated 18.05.2017 passed by the learned Ju d icial Magistrate Ist Class, Jalan d her in CRA-351-2017 titled as ‘Simranjit Singh vs. Gurmeet Kaur’, f i led under Section 12 of the Protection of Women from Domestic V i olence Act, 2005, was partly
allowed.
At the very outset, learned counsel for the petitioner 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, 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 ’ .
In view of the above, the p r esent petition is dismissed as withdrawn , with the liberty aforesaid.
25.10.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RISHU KATARIA 2024.10.25 19:01 I attest to the accuracy and authenticity of this order/judgment.
Gurmeet Kaur
Simaranjit Singh
Nidhi Gupta
Rishu Kataria
As recorded by the court registry
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