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High Court of Punjab and HaryanaCRM-M/16900/2024dismissed

Tarsem Singh Alias Sukhi v. Kiranjeet Kaur

2024-05-14Ms. Justice Nidhi Gupta2 pages

CRM-M-16900-2024 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-16900-2024 Date of Decision: 14.05.2024 Tarsem Singh alias Sukhi .... Petitioner

Versus

Kiranjeet Kaur .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Gurbir Singh Sidhu, Advocate for the petitioner. NIDHI GUPTA , J. (ORAL) Prayer in the present petition filed under Section 482 Cr.P.C. is for quashing of the order dated 02.12.2016 (Annexure P-1) passed by learned Chief Judicial Magistrate, Sangrur vide which the petitioner has been directed to pay monthly maintenance of Rs.4,000/- p.m. to the respondent and order dated 08.12.2023 (Annexure P-7) passed by the learned Chief Judicial Magistrate, Sangrur vide which the conditional warrants of arrest of the petitioner has been issued.

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, in accordance with law, in view of judgment dated 24.04.2023 passed by a co-ordinate 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 complaint filed under the provisions of DV DIVYANSHI 2024.05.

CRM-M-16900-2024  Act are not maintainable'.

In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

14.05.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No 



 DIVYANSHI 2024.05.14 16:38 I attest to the accuracy and integrity of this document