Sapna @ Sanjana And ORS v. State Of Punjab And Another
CRM-M-41409-2021 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41409-2021 (O&M) Date of Decision: 19.09.2024 Sapna @ Sanjana and others .... Petitioners
Versus
State of Punjab and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Naveen Batra, Advocate for the petitioners. Ms. Rishu Madan, A.A.G., Punjab.
Mr. Vinod Kumar Kaushal, Advocate for respondent No.2. *** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 482 Cr.P.C. is for quashing of COMA/50/2021 dated 28.04.2021 under Section 12 of Domestic Violence Act, pending before learned JMIC, Hoshiarpur (Annexure P-2) and further setting aside the summoning order dated 28.07.2021 (Annexure P-3) passed by learned Judicial Magistrate 1st Class, Hoshiarpur and all consequential proceedings arising therefrom. At the very outset, learned counsel for the petitioners 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 DIVYANSHI 2024.09.20 13:36 I attest to the accuracy and integrity of this document
CRM-M-41409-2021 (O&M) -2under 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.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. 19.09.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No DIVYANSHI 2024.09.20 13:36 I attest to the accuracy and integrity of this document