Reetu Kumari Alias Ritu Kumari v. State Of Punjab And ORS

CRR-464-2024 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-464-2024 (O&M) Date of Decision: 04.09.2024 Reetu Kumari alias Ritu Kumari .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Vipin Mahajan, Advocate for the petitioner.

Mr. Kunwarbir Singh, A.A.G., Punjab.

*** NIDHI GUPTA, J. (ORAL) Challenge in the present petition is to order dated 25.10.2021 passed by learned Judicial Magistrate 1st Class, Gurdaspur, whereby the complaint under Section 9(b) and 37(2) of the Protection of Women from Domestic Violence Act, 2005 filed by the petitioner has been dismissed; and judgment dated 12.12.2023 passed by learned Additional Sessions Judge, Gurdaspur, whereby the appeal filed against the order dated 25.10.2021 has also been dismissed. 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 DIVYANSHI 2024.09.05 18:33 I attest to the accuracy and integrity of this document

CRR-464-2024 (O&M) -2under 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

Pending application, if any, stands disposed of. 04.09.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.09.05 18:33 I attest to the accuracy and integrity of this document