Manvir Singh v. Sharanjeet Kaur And Others

2024:PHHC:054816

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-20019-2024 Date of Decision: 23.04.2024 Manvir Singh .... Petitioner

Versus

Sharanjeet Kaur and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Anil Kumar Garg, Advocate for the petitioner. NIDHI GUPTA, J. (ORAL) Prayer in this present petition filed under Section 482 Cr.P.C. is for quashing/setting aside the impugned order dated 12.02.2024 (Annexure P-5) passed by the learned Judicial Magistrate Ist Class, Kharar, District SAS Nagar (Mohali) in Case No. COMA/72/2022 dated 17.08.2022 titled as 'Sharanjeet Kaur vs. Manvir Singh and others', filed under Sections 12, 17, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the DV Act'), vide which the defence of the petitioner was struck off.

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 Act are not maintainable'.

In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

23.04.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2024.04.24 15:31 I attest to the accuracy and authenticity of this order/judgment.