High Court of Punjab and HaryanaCRM-M/19312/2021disposed of

Karminder Singh Walia v. State Of Punjab And Another

2023-05-25Mr. Justice Jagmohan Bansal2 pages

CRM-M-19312-2021 -12023:PHHC:076434

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-19312-2021 Date of Decision : 25.05.2023 Karminder Singh Walia ......... Petitioner

Versus

State of Punjab and another ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Keerat Dhillon, Advocate for Mr. P.S.Ahluwalia, Advocate for the petitioner.

Mr. Kulbir Singh, AAG, Punjab.

Mr.Sanjay Verma, Advocate for respondent No.2.

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

Instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the complaint No. COMA1351-2020 dated 23.06.2020 under Sections 12(1), 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 titled as 'Dr. Loveleen Bhatia Vs. Dr. Inderdeep Singh' which has been filed by the respondent and is pending before JMIC, Patiala. 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:

ANJU GOEL 2023.05.25 18:44 I attest to the accuracy and integrity of this document

CRM-M-19312-2021 -22023:PHHC:076434 i) Proceedings under Section 12 of DV Act are civil in nature;

ii) An aggrieved person has right to move an 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.

Disposed of with liberty as aforesaid.

( JAGMOHAN BANSAL ) JUDGE 25.05.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.05.25 18:44 I attest to the accuracy and integrity of this document