High Court of Punjab and HaryanaCRM-M/22390/2022dismissed

Neetu v. Rajender Dhar Alias Tinku And ORS.

2024-09-19Ms. Justice Nidhi Gupta2 pages

CRM-M-22390-2022(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22390-2022 (O&M) Date of Decision: 19.09.2024 Neetu .... Petitioner

Versus

Rajender Dhar alias Tinku and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Ms. Alisha Chauhan, Advocate for Mr. Abhimanyu Singh, Advocate for the petitioner.

None for respondents No. 1 to 3.

*** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 482 of the Code of Criminal Procedure for setting aside the impugned judgment dated 26.02.2018 (Annexure P-1) in C.C.No.70-2 of 02.09.2013 instituted on 02.09.2013 titled as 'Neetu Versus Rajender etc.' passed by the learned Judicial Magistrate 1st Class, Bhiwani in an application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005; as well as judgment dated 24.03.2022 (Annexure P- 2) passed by the Court of Additional Sessions Judge, Bhiwani, whereby the appeal filed by the petitioner-wife against the judgment dated 26.02.2018, has been partly dismissed.

At the very outset, learned proxy counsel for the petitioner submits that she may be permitted to withdraw the present petition with liberty to take recourse to the appropriate remedy within a period of four DIVYANSHI 2024.09.20 13:36 I attest to the accuracy and integrity of this document

CRM-M-22390-2022(O&M) -2weeks 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 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

Pending application, if any, stands disposed of. 19.09.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.09.20 13:36 I attest to the accuracy and integrity of this document