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High Court of Punjab and HaryanaCRM-M/36393/2018dismissed

Rajeev Singh v. Reshma Pall

2024-08-20Ms. Justice Nidhi Gupta2 pages

CRM-M-36393-2018 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36393-2018 (O&M) Date of Decision: 20.08.2024 Rajeev Singh .... Petitioner

Versus

Reshma Pall .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Manish Soni, Advocate for the petitioner. Ms. Jyotnoor Kaur Sethi, Advocate for Mr. J.S.Mehndiratta, Advocate for the respondent.

*** NIDHI GUPTA , J. (ORAL) Prayer in the present petition under Section 407 Cr.P.C. read with Section 482 Cr.P.C. is for transfer of complaint No. DV Act/269/2017 dated 24.11.2017 titled as 'Reshma Pall vs. Rajiv Singh and others' (Annexure P-1) filed under Section 12 of Domestic Violence Act, 2005 by the respondent-wife against the petitioner-husband and his family members, from the Court of learned Judicial Magistrate 1st Class, Chandigarh to the Court of learned Chief Judicial Magistrate, Gurugram. 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 within a period of four weeks from today, in accordance with law, in view of judgment dated 24.04.2023 passed by a Co-ordinate Bench of this Court in CRM-M19553-2023 titled as 'Jaspal Kaur alias Pinki and others vs. State of DIVYANSHI 2024.08.22 15:35 I attest to the accuracy and integrity of this document

CRM-M-36393-2018 (O&M) -2Punjab 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

Pending application, if any, stands disposed of. 20.08.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.08.22 15:35 I attest to the accuracy and integrity of this document