High Court of Punjab and HaryanaCRM-M/7291/2020disposed of

Gurinder Singh And Other v. Kawaljot Kaur

2024-08-29Ms. Justice Nidhi Gupta2 pages

CRM-M-7291-2020 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7291-2020 (O&M) Date of Decision: 29.08.2024 Gurinder Singh and others .... Petitioners

Versus

Kawaljot Kaur .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - None for the petitioners.

*** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 482 Cr.P.C., for quashing of complaint/application No. COMA-29416/2019 dated 02.11.2019 filed under the Protection of Women from Domestic Violence Act, 2005 titled as 'Kawaljot Kaur vs. Vavinder Singh and others' (Annexure P-1) pending in the Court of learned Judicial Magistrate 1st Class, Ludhiana and all subsequent proceedings arising therefrom.

There is no representation on behalf of the petitioners. Vide order dated 11.08.2023 passed by a Coordinate Bench of this Court, it was observed that notice issued to respondent has been received back served. However, none appeared on behalf of respondent. Today also, there is no representation on behalf of the respondent. 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 DIVYANSHI 2024.08.31 16:47 I attest to the accuracy and integrity of this document

CRM-M-7291-2020 (O&M) -2Kaur 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 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 with liberty to the petitioners to take recourse to the appropriate remedy, in accordance with law, if so advised.

Pending application, if any, also stands disposed of. 29.08.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.08.31 16:47 I attest to the accuracy and integrity of this document