Piara Lal & ORS v. Bimla Devi
CRM-M-38843-2014 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 247-2 CRM-M-38843-2014 (O&M) Date of Decision: 06.08.2024 Piara Lal and others .... Petitioners
Versus
Bimla Devi .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Mohd. Yousaf, Advocate for the petitioners. Ms. Kulwinder Kaur, Advocate for Mr. Rajeev K. Kapila, Advocate for the respondent. *** NIDHI GUPTA , J. (ORAL) Prayer in the present petition under Section 482 Cr.P.C. is for quashing of the application bearing No. 77/2014 dated 18.07.2014 (Annexure P-6) and order dated 06.10.2014 (Annexure P-8) passed by learned Judicial Magistrate 1st Class Dasuya, District Hoshiarpur whereby the application of the petitioner for dismissal of the application filed by the respondent under Section 31 of the Protection of Women from Domestic Violence Act, 2005 has been dismissed and all subsequent proceedings arising therefrom.
At the very outset, learned counsel for the petitioners 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-MDIVYANSHI 2024.08.
CRM-M-38843-2014 (O&M) -219553-2023 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.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. 06.08.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No DIVYANSHI 2024.08.07 10:44 I attest to the accuracy and integrity of this document