Petition under Section 482 Cr.P.C. sought quashing of a domestic violence complaint. Counsel withdrew the petition in light of a co-ordinate Bench ruling that DV Act proceedings are civil in nature and not assailable under Section 482 or Section 397 Cr.P.C. Petition dismissed as withdrawn with liberty to seek appropriate remedy.
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CRM-M-50964-2022 -1-
IN THE H I GH COURT OF PUNJAB AND H ARYANA AT CHANDIGARH
256 CR M -M-50964-2022
Dat e of Decision: 03.09.2024
Sangeeta
.… Petitioner
Versus
Pallavi Jos h i
.... Respondent
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: - Mr. Munish Gupta, Advocate for the petitioner.
Mr. Anil Kumar Garg, Advoc a te for the respondent.
NIDHI GUPTA, J. (ORAL)
Prayer in this petition filed u n der Section 482 Cr.P.C. is for quashing o f impugned Complaint No. CO M A/168/2019 dated 26.11.2019 (Annexure P-1) titled as ‘Pallavi Joshi v s. Prince Sharma and others’, filed by th e respondent under Sections 12, 17, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic V iolence Act, 2005, pending adjudicati o n before the learned Judicial M agistrate Ist Class, SAS Nagar and all co n sequential proceedings arising t h erefrom.
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
RISHU KATARIA 2024.09.04 11:16 I attest to the accuracy and authenticity of this order/judgment.
CRM-M-50964-2022 -2-
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In view of the above, the p r esent petition is dismissed as withdrawn , with the liberty aforesaid.
Pending application(s), if any , stand disposed of.
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
RISHU KATARIA 2024.09.04 11:16 I attest to the accuracy and authenticity of this order/judgment.
1 issue framed by the court
Whether a Section 482 Cr.P.C. petition is maintainable to quash proceedings under a DV Act complaint.
Colour shows how this judgement treated each authority
Jaspal Kaur Alias Pinki and others vs. State of Punjab and anotherRelied on
CRM-M-19553-2023
3 provisions across 2 enactments
Sangeeta
Pallavi Joshi
Nidhi Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
