Puneet Bansal v. Preeti Bansal And Others

CRR-62-2023 (O&M) -12023:PHHC:073381

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-62-2023 (O&M) Date of Decision : 19.05.2023 Puneet Bansal ......... Petitioner

Versus

Preeti Bansal and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Ms. Shivani Jaglan, Advocate for Mr.Mayur Karkra, Advocate for the petitioner.

Ms. Mona Goyal, Advocate for the respondents.

**** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner, through the instant petition is seeking setting aside of order dated 22.11.2022 whereby Additional Sessions Judge, Bathinda has dismissed appeal filed under Section 29 of Protection of Women from Domestic Violence Act, 2005 on the ground of delay. The respondent had filed a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005.

2.

This Court in Jaspal Kaur alias Pinki and others vs. State of Punjab and another, CRM-M- 19553 of 2023 decided on 24.04.2023, relying upon judgments of Hon'ble Supreme Court in Kamatchi vs. Lakshmi Narayan 2022 SCC online SC 446 and Kunappareddy vs. Kunappareddy Swarna Kumari (2016) 11 SCC 774 and Full Bench of Madras High Court in Arul Daniel and others vs. Suganya 2022 SCC online Mad 5435 has held:

ANJU GOEL 2023.05.19 17:40 I attest to the accuracy and integrity of this document

CRR-62-2023 (O&M) -22023:PHHC:073381 i) Proceedings under Section 12 of DV Act are civil in nature;

ii) An aggrieved person has right to move an application before Magistrate seeking recalling of notice issued under Section 13 of DV Act or deletion of his/her name from the array of respondents;

iii) Petition under Section 482 Cr.P.C. is not maintainable against petition under Section 12 or notice under Section 13 of DV Act;

iv) An order passed by Magistrate is an appealable order under Section 29 of DV Act;

v) No revision under Cr.P.C. is maintainable against order passed by Sessions Court as Appellate Court. 3.

In view of order dated 24.4.2023 passed by this Court in CRM-M19553 of 2023, present petition is not maintainable and accordingly disposed of with liberty to the petitioner to avail remedy as permissible by law.

4.

Disposed of with liberty as aforesaid.

( JAGMOHAN BANSAL ) JUDGE 1905.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.05.19 17:40 I attest to the accuracy and integrity of this document