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High Court of Punjab and HaryanaCRM-M/8998/2018dismissed

Manoj Kumar And ORS v. Reena

2018-04-03Mr. Justice Rajesh Bhardwaj2 pages

Crl. Misc. No. M-8988 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-8988 of 2018 Date of Decision: 03.4.2018 Manoj Kumar and others ......Petitioners

Versus

Reena ......Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Mukesh Yadav, Advocate for the petitioners.

**** ANITA CHAUDHRY, J The instant petition is for quashing of complaint No. 04/2017 dated 7.2.2017 (Annexure P-10) titled Reena versus Manoj and the order dated 7.2.2017 (Annexure P-11) whereby notice was issued to the petitioner without the report of the Protection Officer. Counsel for the petitioner at the outset states that he does not press the petition so far as petitioner No. 2 is concerned. He states that he is ex parte before the Court below.

Ordered accordingly.

The petition has been filed by the husband and his mother challenging the notice issued in the complaint filed under the Domestic Violence Act.

Counsel for the petitioner informs that both the petitioners have already appeared before the Court below and have also filed the reply. Copy of the reply and zimni orders have been placed on record. Gurpreet Singh Bhatia 2018.04.06 16:59 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-8988 of 2018 -2The main submission on behalf of the petitioners is that the Court had summoned the petitioners without calling for the report of the Protection Officer and the respondent had concealed the fact that a petition under the Guardians Act was filed and previous complaints had been given to the police.

The petitioners have a remedy in law. The petitioners can raise all these issues before the Court below.

The petition is dismissed as not maintainable. (ANITA CHAUDHRY) JUDGE April 03, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.04.06 16:59 I attest to the accuracy and authenticity of this document chandigarh