High Court of Punjab and HaryanaCRR/1404/2022dismissed

Surinder Pal v. Paramjit Kaur And Another

2024-08-20Ms. Justice Nidhi Gupta2 pages

CRR-1404-2022 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-1404-2022 (O&M) Date of Decision: 20.08.2024 Surinder Pal .... Petitioner

Versus

Paramjit Kaur and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Rahul Garg, Advocate for the petitioner.

Mr. Animesh Sharma, Advocate for respondent No.1. *** NIDHI GUPTA , J. (ORAL) Challenge in the present revision is to order dated 30.05.2022 passed by learned Additional Sessions Judge, Hoshiarpur whereby appeal filed against the order dated 13.01.2020 passed by learned Judicial Magistrate 1st Class, Hoshiarpur in execution application filed in complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, has been allowed and the order dated 13.01.2020 has been reversed by way of dismissing the objection filed by the present petitioner.

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 DIVYANSHI 2024.08.21 10:31 I attest to the accuracy and integrity of this document

CRR-1404-2022 (O&M) -2Punjab 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.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, if any, stands disposed of. 20.08.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.08.21 10:31 I attest to the accuracy and integrity of this document