Vinita Joshi v. Damodar Alias Nandu And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-23510-2024 Date of Decision: 10.05.2024 Vinita Joshi .... Petitioner

Versus

Damodar @ Nandu and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Munish Jolly, Advocate for the petitioner. NIDHI GUPTA, J. (ORAL) Prayer in the present filed under Section 482 Cr.P.C. is for setting aside the order dated 29.01.2024 (Annexure P-7) passed in CRA 128 of 2023, by the learned Additional Sessions Judge, Mohali; and also for modification of order dated 31.07.2023 (Annexure P-5) passed by the learned Judicial Magistrate Ist Class, SAS Nagar Mohali, in Case No. DV ACT/41/2022 titled as 'Vinita Joshi vs. Damaodar and another'. 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

10.05.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2024.05.10 17:39 I attest to the accuracy and authenticity of this order/judgment.