Gurnam Devi v. Kavita Saran And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-13960-2023 Date of Decision : 20.03.2023 Gurnam Devi ......... Petitioner

Versus

Kavita Saran and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Lt.Col. P.K.Saran (Retd.)-petitioner No.2 in person. **** JAGMOHAN BANSAL , J. (Oral) The petitioner through instant petition under Section 482 Cr.P.C. is seeking quashing of Complaint No. COMA/277/2022 (Annexure P-1) under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and summons/notices dated 08.07.2022 (Annexure P-2A). Learned counsel for the petitioner, on being confronted with the fact that the trial Court has not passed any adverse order, prays that personal appearance of the petitioner may be exempted and his right to challenge any adverse order passed against him may be protected. Without commenting on merits of the case, the petition is disposed of with following directions :

i) Personal appearance of the petitioner before trial Court shall remain exempt;

ii) The petitioner shall remain present as and when specifically called by the trial Court;

iii) The petitioner shall not raise any grouse on the sole ground of their absence, if any adverse order is passed ANJU GOEL 2023.03.20 18:41 I attest to the accuracy and integrity of this document

CRM-M-13960-2023 -2against the petitioner;

iv) The petitioner shall be at liberty to raise all the pleas before the trial Court and avail remedies as permissible by law, if any adverse order is passed against him. ( JAGMOHAN BANSAL ) JUDGE 20.03.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.03.20 18:41 I attest to the accuracy and integrity of this document