Salma v. Chiraguddin And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRR-256-2018 Date of Decision: 09.05.2024 Salma .... Petitioner

Versus

Chiraguddin and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. J.P. Sharma, Advocate for the petitioner. NIDHI GUPTA, J. (ORAL) Challenge in the present revision is to the order dated 09.09.2017, passed by the learned Sessions Judge, Narnaul, whereby the appeal filed by the petitioner was dismissed and the order dated 09.09.2016, passed by the learned trial Court dismissing the petition filed by the petitioner under the provisions of the Protection of Women from Domestic Violence Act, 2005, was affirmed.

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, in accordance with law, in view of judgment dated 24.04.2023 passed by a co-ordinate 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 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

09.05.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2024.05.10 10:22 I attest to the accuracy and authenticity of this order/judgment.