Ashima Gupta And Another v. Meenakshi Sharma

CRM-M-48510-2021 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15400-2021(O&M) Date of Decision: 27.08.2024 Ashima Gupta and another .... Petitioners

Versus

Meenakshi Sharma .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Parvinder Singh, Advocate for the petitioners. *** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 482 Cr.P.C., for quashing of complaint/application No. 8668/3/10/2020 dated 04.10.2020 under Sections 12, 18, 19, 20 and 22 (Annexure P-6), and order dated 08.10.2020 passed by learned Judicial Magistrate 1st Class, Chandigarh (Annexure P-7) whereby notice has been issued to the petitioners by ignoring the fact that the petitioners are married sister-in-laws and are residing in their matrimonial houses even prior to the marriage of respondent No.2 with the brother of the petitioners. Reference is to judgment dated 24.04.2023 passed by a coordinate Bench of this Court in CRM-M-19553-2023 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 under Section 482 Cr.P.C. or revision under Section 397 Cr.P.C., assailing the order passed in DIVYANSHI 2024.08.

CRM-M-48510-2021 (O&M) -2complaint filed under the provisions of DV Act are not maintainable'. Vide order dated 07.04.2021, a Coordinate Bench of this Court had exempted the personal appearance of the petitioners before the learned trial Court. The said order shall subsist for the next four weeks from today.

In view of the above, learned counsel for the petitioners submits that he may be permitted to withdraw the present petition with liberty to take recourse to the appropriate remedy, in accordance with law within a period of four weeks from today. Dismissed as withdrawn, with the liberty aforesaid. Pending application, if any, stands disposed of. 27.08.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.08.29 11:24 I attest to the accuracy and integrity of this document