Gagandeep Singh And Another v. Mendhi Erika Beaslay

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-23034-2024 Date of Decision: 08.05.2024 Gagandeep Singh and another .... Petitioners

Versus

Mendhi Erika Beaslay .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Ravneet Singh Joshi, Advocate for the petitioner. NIDHI GUPTA, J. (ORAL) Prayer in this present petition filed under Section 482 Cr.P.C. is for quashing of Complaint No. COMA/23/2023 under Sections 2(f), 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005, P.C. Kot Ise Khan District Moga, filed on 15.06.2023 (Annexure P-5) and all the consequential proceedings arising therefrom, on merits.

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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

08.05.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2024.05.10 10:07 I attest to the accuracy and authenticity of this order/judgment.