← Library
High Court of Punjab and HaryanaCRM-M/25155/2018disposed of

Shashi Bala v. Ram Kishan And ANR

2023-05-03Mr. Justice Jagmohan Bansal2 pages

CRM-M-25155-2018 -12023:PHHC:063642

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-25155-2018 Date of Decision : 03.05.2023 Shashi Bala ......... Petitioner

Versus

Ram Kishan and another ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

None.

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

The petitioner through instant petition under Section 482 Cr.P.C. is seeking setting aside of order dated 05.08.2014 whereby JMIC, Hisar has dismissed the petition under Section 12 of DV Act and order dated 03.08.2017 whereby Additional Sessions Judge, Hisar has dismissed her appeal.

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:

i) Proceedings under Section 12 of DV Act are civil in nature;

ii) An aggrieved person has right to move an ANJU GOEL 2023.05.03 16:59 I attest to the accuracy and integrity of this document

CRM-M-25155-2018 -22023:PHHC:063642 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 03.05.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.05.03 16:59 I attest to the accuracy and integrity of this document