Dismissed

Mahipal Singh Yadav v. Geeta and Another

Punjab & Haryana HC13 Aug 2024CRR/3947/2018

Case brief

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What is this about?

Husband sought quashing of orders dismissing his appeal against a magistrate's order partly allowing the wife's domestic violence complaint. Following a co-ordinate bench ruling that DV Act proceedings are civil in nature and not assailable under Section 482 Cr.P.C., the petition was dismissed as withdrawn with liberty to seek an appropriate remedy.

What did the court decide?

Petition dismissed as withdrawn with liberty to take recourse to the appropriate remedy in accordance with law.

Mahipal Singh Yadav Vs Geeta and Another — Domestic Violence | Punjab & Haryana HC (2024)

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CRR-3947-2018

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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222

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Criminal Revision No.3947 of 2018 Date of decision :-13.08.2024

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Mahipal Singh Yadav

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…..Petitioner

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Versus

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Smt. Geeta and another

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…..Respondents

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CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Manish Soni, Advocate for the petitioner.

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Mr. Abhimanyu Batra, Adv o cate for the respondents.

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NIDHI GUPTA J. (Oral)

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Prayer in this present petit i on filed under Section 482 Cr.P.C. i s for quashing/setting aside t he impugned orders dated 10.7.201 8 passed by the learned Session s Judge, Gurugram, whereby the Crim i nal Appeal No.14 of 2017 fil e d by the petitioner-husband has been dismissed; as well as impugn e d judgment dated 09.2.2017 passed b y the Judicial Magistrate 1^st C l ass, Gurugram whereby the petition fi led by the respondent-wife un d er Sections 12, 16 to 20, 22 of the Pr o tection of Women from Dom e stic Violence Act, 2005 has been part l y allowed.

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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 coVIJAY ASIJA 2024.08.20 10.33 I attest to the accuracy and integrity of this document

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CRR-3947-2018 2

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ordinate 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 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’. In view of the above, the pr e sent petition is dismissed as withdrawn, with the liberty aforesaid.

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August 1 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 2024.08.20 10.33 I attest to the accuracy and integrity of this document

Mahipal Singh Yadav v. Geeta and Another

Case brief

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Mahipal Singh Yadav v. Geeta and Another

Case brief

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