This single-judge oral order dismissed a revision petition challenging a Sessions Court order quashing a Domestic Violence Act complaint. Relying on a coordinate bench, the court held revisions against DV Act orders are not maintainable.
Revision petition dismissed; liberty granted to approach appropriate remedy.
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CRR-487-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
231 CRR-487-2024 (O&M) Date of Decision: 10.09.2024 Nitin Kumar .… Petitioner Versus Isha Malhotra .... Respondent
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: - None for the petitioner.
NIDHI GUPTA, J. (ORAL)
Challenge in the present revision petition is to the judgment dated 12.02.2024, whereby the learned Additional Sessions Judge, Patiala has dismissed the criminal appeal bearing Crl. Appeal No. 24/2023 titled as ‘ Nitin Kumar and others vs. Isha Malhotra ’ filed by the petitioner-husband against the order dated 15.12.2022 passed by the learned Judicial Magistrate 1st Class, Patiala directing the petitionerhusband to pay Rs.5,000/- towards monthly rent to the respondent-wife, in a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
There is no representation on behalf of the petitioner.
Reference is to the judgment dated 24.04.2023 passed by a coordinate Bench of this Court in CRM-M-19553-2023 titled as ‘ Jaspal Kaur alias Pinki and others vs. State of Punjab and another ’, wherein it has been held that ‘ the proceedings under Section 12 of the DV Act are
DIVYANSHI 2024.09.11 10:18 I attest to the accuracy and integrity of this document
CRR-487-2024 (O&M) -2-
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 revision petition is dismissed with liberty to the petitioner to take recourse to the appropriate remedy, in accordance with law, if so advised.
Pending application, if any, also stands disposed of.
10.09.2024 (NIDHI GUPTA) Divyanshi JUDGE
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
DIVYANSHI 2024.09.11 10:18 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether a revision petition under Section 397 Cr.P.C. challenging an order under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is maintainable in view of a coordinate bench ho
Colour shows how this judgement treated each authority
Jaspal Kaur alias Pinki and others vs. State of Punjab and anotherDistinguished¶10
CRM-M-19553-2023
2 provisions across 2 enactments
Nitin Kumar
Isha Malhotra
Nidhi Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
