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High Court of Punjab and HaryanaCRM-M/24120/2024dismissed

Tarsem Singh And Others v. Manpreet Kaur

2024-05-14Ms. Justice Nidhi Gupta2 pages

CRM-M-24120-2024 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-24120-2024 Date of Decision: 14.05.2024 Tarsem Singh and others .... Petitioners

Versus

Manpreet Kaur .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. B.D.Sharma, Advocate for the petitioners. NIDHI GUPTA , J. (ORAL) Prayer in the present petition filed under Section 482 Cr.P.C. is for quashing of the complaint No. COMA/1463/2023 instituted on 14.09.2023 titled as "Manpreet Kaur Vs. Daljit Singh and others" under Section 12 read with Sections 16, 17, 18, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act, 2005 pending in the Court of learned Judicial Magistrate First Class, Amritsar (Annexure P-1) and the impugned order dated 14.09.2023 passed by the learned Judicial Magistrate First Class, Amritsar (Annexure P-2) whereby the petitioners have been summoned to face trial in the above-mentioned complaint and all subsequent proceedings thereto.

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 2024.05.14 16:44 I attest to the accuracy and integrity of this document

CRM-M-24120-2024  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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

14.05.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No 



 DIVYANSHI 2024.05.14 16:44 I attest to the accuracy and integrity of this document