Shashi Nanda v. Rakesh Nanda

CRR-55-2022 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 218-2 CRR-55-2022 (O&M) Date of Decision: 22.08.2024 Shashi Nanda .... Petitioner

Versus

Rakesh Nanda .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Tanvir Singh Attariwala, Advocate for the petitioner.

Mr. Navrajdeep Singh, Advocate for Mr. P.S.Khurana, Advocate for the respondent. *** NIDHI GUPTA , J. (ORAL) Challenge in the present petition is to order dated 20.09.2018 passed by learned Sub-Divisional Judicial Magistrate, Khanna, whereby in application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed by the petitioner-wife, a meagre amount of Rs.20,000/-p.m. as maintenance and Rs.10,000/- as interim compensation, have been awarded to her. 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 under Section 12 of the DV Act are civil in nature, therefore, a petition DIVYANSHI 2024.08.

CRR-55-2022 (O&M) -2under 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.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. 22.08.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.08.23 15:40 I attest to the accuracy and integrity of this document