Sandeep Kaur And ORS v. Surinder Kaur

In the High Court of Punjab and Haryana at Chandigarh 2023:PHHC:077357 CRM-M-42179 of 2022 Date of Decision: 26.05.2023 Sandeep Kaur and others ---Petitioners versus Surinder Kaur ---Respondent

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Amit Dhawan, Advocate for the petitioners Mr. Dhawaljeet Dutta, Advocate for the respondent **** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through the instant petition under Section 482 Cr.P.C. is seeking quashing of complaint No. 133/2021 dated 11.11.2021 titled as "Surinder Kaur vs. Kuldip Singh Rangi and others" which was filed by respondent under Protection of Women from Domestic Violence Act, 2005 and is pending before JMIC, Hoshiarpur as well as impugned order dated 11.11.2021 passed by JMIC, Hoshiarpur alongwith all consequential proceedings arising therefrom.

2.

This Court in Jaspal Kaur alias Pinki and others vs. State of Punjab and another, CRM-M- 19553 of 2023 decided on 24.04.2023, relying upon judgments of Hon'ble Supreme Court in Kamatchi vs. Lakshmi Narayan 2022 SCC online SC 446 and Kunappareddy vs. Kunappareddy Swarna Kumari (2016) 11 SCC 774 and Full Bench of Madras High Court in Arul Daniel and others PARAMJIT KAUR SAINI 2023.05.26 19:04 I attest to the accuracy and authenticity of this order/judgment

2023:PHHC:077357 CRM-M-42179 of 2022 -2vs. Suganya 2022 SCC online Mad 5435 has held: i) Proceedings under Section 12 of DV Act are civil in nature.

ii) An aggrieved person has right to move an application before Magistrate seeking recalling of notice issued under Section 13 of DV Act or deletion of his/her name from the array of respondents; iii) Petition under Section 482 Cr.P.C. is not maintainable against petition under Section 12 or notice under Section 13 of DV Act;

iv) An order passed by Magistrate is an appealable order under Section 29 of DV Act;

v) No revision under Cr.P.C. is maintainable against order passed by Sessions Court as Appellate Court. 3.

In view of order dated 24.4.2023 passed by this Court in CRM-M-19553 of 2023, present petition is not maintainable and accordingly disposed of with liberty to the petitioners to avail remedy as permissible by law.

4.

Disposed of with liberty as aforesaid.

( JAGMOHAN BANSAL ) JUDGE 26.05.2023 paramjit Whether speaking/reasoned : Yes Whether reportable : Yes/No PARAMJIT KAUR SAINI 2023.05.26 19:04 I attest to the accuracy and authenticity of this order/judgment