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High Court of Punjab and HaryanaCRM-M/45360/2016dismissed

Shyamveer @ Satbir And ORS. v. State Of Haryana And ANR.

2024-08-01Ms. Justice Nidhi Gupta2 pages

CRM-M-45360-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 243-2 CRM-M-45360-2016 (O&M) Date of Decision: 01.08.2024 Shyamveer @ Satbir and Others .... Petitioners

Versus

State of Haryana and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Kapish Singla, Advocate for Mr. Ashit Malik, Advocate for the petitioners. Mr. Aditya Pal Singla, A.A.G., Haryana.

Ms. Anmol Thakur, Advocate for Mr. Neeraj Gaur, Advocate for respondent No.2.

*** NIDHI GUPTA , J. (ORAL) Prayer in this petition is for quashing of the complaint No. 17 dated 07.08.2014 registered under Sections 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005, at Police Station Camp Palwal, District Palwal titled as 'Ombati vs. Shyamveer @ Satbir and others' pending before the learned Judicial Magistrate 1st Class, Palwal.

Reference is to judgment dated 24.04.2023 passed by a coordinate 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 DIVYANSHI 2024.08.01 17:32 I attest to the accuracy and integrity of this document

CRM-M-45360-2016 (O&M) -2revision under Section 397 Cr.P.C., assailing the order passed in complaint filed under the provisions of DV Act are not maintainable'. Vide order dated 07.07.2017, a Coordinate Bench of this Court had stayed the proceedings before the Court below. The said order shall subsist for the next four weeks from today. In view of the above, learned proxy 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 within a period of four weeks from today. Dismissed as withdrawn, with the liberty aforesaid. Pending application, if any, stands disposed of. 01.08.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.08.01 17:32 I attest to the accuracy and integrity of this document