High Court of Punjab and HaryanaCRM-M/29451/2022dismissed

Chetan v. Rekha

2024-12-17Ms. Justice Nidhi Gupta2 pages

CRM-M-29451-2022 (O&M) - 1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29451-2022 (O&M) Date of Decision:17.12.2024 Chetan .... Petitioner

Versus

Rekha .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - None for the petitioner.

*** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 482 Cr.P.C. is for quashing of order dated 09.05.2019 (Annexure P-6) passed by learned Judicial Magistrate 1st Class, Bahadurgarh whereby application for grant of interim maintenance filed by the respondent has been allowed; AND order dated 23.11.2021 (Annexure P-8) passed by learned Additional Sessions Judge, Jhajjar vide which the revision petition filed against the order dated 09.05.2019, has also been dismissed. On 07.09.2022, following order was passed by a Coordinate Bench of this Court:- "The petitioner has assailed the order dated 09.05.2019 passed by the Court of learned Judicial Magistrate Ist Class, Bahadurgarh and the order dated 23.11.2021 passed by the Court of learned Addl. Sessions Judge, Jhajjar.

Learned counsel for the petitioner states that in terms of the order dated 09.05.2019, the interim maintenance @ Rs.4,000/- and a sum of Rs. 3,000/- on account of alternative accommodation was awarded to the respondent in DIVYANSHI 2024.12.17 16:51 I attest to the accuracy and integrity of this document

CRM-M-29451-2022 (O&M) - 2the proceedings under Protection of Women from Domestic Violence Act. The petitioner had assailed the order by filing a revision and in terms of the order dated 23.11.2021, the amount with regard to alternative accommodation has been reduced to Rs. 2500/- per month. It has been argued that at the earlier instance, the respondent had instituted a petition under Section 125 Cr.P.C. and the same has been dismissed vide order dated 22.05.2018, Annexure P-1.

Notice of motion, subject to the condition that the petitioner deposit a sum of Rs. 30,000/- on account of litigation expenses within a period of 2 weeks in the Registry. Adjourned to 22.11.2022."

Office report shows that the above said order has not been complied with till date.

Perusal of the order sheets shows that there was no representation on behalf of the petitioner on the last 2 dates of hearing i.e. 05.09.2023 and 02.07.2024. Today also, none appeared on behalf of the petitioner. Therefore, it can safely be presumed that the petitioner or his counsel is not interested in pursuing the present petition. In view of the above, the present petition stands dismissed for non-prosecution.

Pending application, if any, stands disposed of. 17.12.2024 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.12.17 16:51 I attest to the accuracy and integrity of this document