High Court of Punjab and HaryanaCRM-M/45440/2018dismissed

Pardeep Kaur And Another v. Mohan Singh

2024-08-12Ms. Justice Nidhi Gupta2 pages

CRM-M-45440-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45440-2018 Date of Decision: 12.08.2024 Pardeep Kaur and another .... Petitioners

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Mohan Singh and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. AP Kaushal, Advocate for the petitioners. Mr. Vikas Parkash, Advocate for Mr. G.S. Virk, Advocate for the respondents.

NIDHI GUPTA, J. (ORAL) Vakalatnama filed on behalf of the respondents is taken on record.

Prayer in the instant petition filed under Section 482 Cr.P.C. is for quashing of order dated 07.08.2018 (Annexure P-2) whereby the learned Additional Sessions Judge, Ludhaina, has set aside the order dated 01.10.2016 (Annexure P-1) passed by the learned Judicial Magistrate Ist Class, Ludhiana, granting Rs.2000/- per month as rent for accommodation, in a proceedings filed under the provisions of the Protection of Women from Domestic Violence Act, 2005. 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 RISHU KATARIA 2024.08.13 13:24 I attest to the accuracy and authenticity of this order/judgment.

CRM-M-45440-2018 -2law, 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 In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

Pending application(s), if any, stand disposed of. 12.08.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2024.08.13 13:24 I attest to the accuracy and authenticity of this order/judgment.