Rima Wanchoo v. Kamal Nain Wanchoo & ANR

CRR-1099-2015 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-1099-2015 (O&M) Date of Decision: 21.08.2024 Rima Wanchoo .... Petitioner

Versus

Kamal Nain Wanchoo and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Deepak Jindal, Advocate for the petitioner. Mr. Abhishek Singh, Advocate for respondent No.1. *** NIDHI GUPTA , J. (ORAL) Challenge in the present revision is to the order dated 21.08.2014 whereby learned Additional Sessions Judge, Panchakula dismissed the petition bearing registration No. 0000601/2013 titled as 'Rima Wanchoo and another vs. Kamal Nain' filed under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 by the respondents.

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 within a period of four weeks from today, in accordance with law, in view of judgment dated 24.04.2023 passed by a Co-ordinate Bench of this Court in CRM-M19553-2023 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 DIVYANSHI 2024.08.23 09:19 I attest to the accuracy and integrity of this document

CRR-1099-2015 (O&M) -2under 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.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, if any, stands disposed of. 21.08.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.08.23 09:19 I attest to the accuracy and integrity of this document