Ranjit Kaur v. Amrik Singh And Another

CRM-M-25397-2019 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25397-2019 (O&M) Date of Decision: 01.08.2024 Ranjit Kaur .... Petitioner

Versus

Amrik Singh and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Raman Mohinder Sharma, Advocate for the petitioner.

Mr. Ashok Bhardwaj, Advocate for the respondents. *** NIDHI GUPTA , J. (ORAL) Prayer in this petition is for setting aside order dated 15.01.2019 (Annexure P-1) passed by learned Sub Divisional Judicial Magistrate, Sunam in a petition under Sections 12, 17 to 23, 26 and 27 of the Protection of Women from Domestic Violence Act, 2005; and judgment dated 18.04.2019 passed by learned Additional Sessions Judge, Sangrur (Annexure P-2) whereby revision petition filed by the petitionerwife against the order dated 15.01.2019, has been dismissed. 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 revision under Section 397 Cr.P.C., assailing the order passed in DIVYANSHI 2024.08.02 10:26 I attest to the accuracy and integrity of this document

CRM-M-25397-2019 (O&M) -2complaint filed under the provisions of DV Act are not maintainable'. Vide order dated 06.11.2019 passed by a Coordinate Bench of this Court, parties were directed to maintain status quo in respect of the disputed property. The said order shall subsist for the next four weeks from today.

In view of the above, 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 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 Dismissed as withdrawn, with the liberty aforesaid.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




 DIVYANSHI 2024.08.02 10:26 I attest to the accuracy and integrity of this document