Revision petition challenging upholding of interim maintenance granted to the wife in DV Act proceedings. Following a co-ordinate Bench ruling that such proceedings are civil in nature and not amenable to revision under Section 397 Cr.P.C., the petition was dismissed as withdrawn with liberty to pursue appropriate remedy.
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CRR-316-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
228
CRR-316-2024 (O&M) Date of Decision: 02.08.2024
Priyanka
.… Petitioner
Versus
Kumar Gaurav and another .... Respondents
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: - Mr. Shivam Chaudhary, Advocate for the petitioner.
NIDHI GUPTA, J. (ORAL)
Challenge in the present revision petition is to order dated 17.10.2023 whereby in Criminal Appeal No. 246/2022 titled as ‘ Priyanka vs. Kumar Gaurav and another ’ filed against the order dated 08.08.2022 passed by learned Sub Divisional Judicial Magistrate, Rajpura, granting interim maintenance of Rs.10,000/-p.m. to the respondent-wife, the learned Additional Sessions Judge, Patiala has upheld order dated 08.08.2022.
At the very outset, learned counsel for the petitioner submits that he may be permitted to withdraw the present petition with liberty to take recourse to the appropriate remedy within a period of four weeks from today, in accordance with law, in view of judgment dated 24.04.2023 passed by a co-ordinate Bench of this Court in CRM-M19553-2023 titled as ‘ Jaspal Kaur alias Pinki and others vs. State of Punjab and another ’, wherein it has been held that ‘ the proceedings
DIVYANSHI 2024.08.05 10:15 I attest to the accuracy and integrity of this document
CRR-316-2024 (O&M) -2-
under Section 12 of the DV Act are civil in nature, therefore, a petition under Section 482 Cr.P.C. or revision under Section 397 Cr.P.C., assailing the order passed in complaint filed under the provisions of DV Act are not maintainable’.
In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.
Pending application, if any, stands disposed of.
02.08.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
DIVYANSHI 2024.08.05 10:15 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the revision petition against an order granting interim maintenance in proceedings under the DV Act was maintainable.
Colour shows how this judgement treated each authority
Jaspal Kaur alias Pinki and others vs. State of Punjab and anotherRelied on¶14
CRM-M19553-2023
Priyanka
Kumar Gaurav
Nidhi Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
