High Court of Punjab and HaryanaCRM-M/41870/2018dismissed

Harjinder Kaur And Others v. Joginder Kaur

2024-05-27Ms. Justice Nidhi Gupta2 pages

CRM-M-41870-2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-41870-2018 (O&M) Date of Decision: 27.05.2024 Harjinder Kaur and others .... Petitioners

Versus

Joginder Kaur .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Rahul Bhargava, Advocate for the petitioners.

Mr. Sanjeev Kumar Bawa, Advocate for the respondent.

NIDHI GUPTA , J. (ORAL) Prayer in the present petition filed under Section 482 Cr.P.C. is for seeking quashing of a criminal complaint No. COMA/320/2017 dated 03.06.2017 titled as 'Joginder Kaur vs. Harjinder Kaur' filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (Annexure P-1) pending in the Court of learned Chief Judicial Magistrate, Jalandhar as well as order passed in the said complaint whereby the notice of appearance was issued to the petitioners (Annexure P-2) alongwith 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, 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 DIVYANSHI 2024.05.28 10:19 I attest to the accuracy and integrity of this document

CRM-M-41870-2018 (O&M) 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

In the meantime, interim order granted vide order dated 13.03.2020 by a coordinate Bench of this Court stands vacated. Pending application, if any, also stands disposed of. 27.05.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No

DIVYANSHI 2024.05.28 10:19 I attest to the accuracy and integrity of this document