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High Court of Punjab and HaryanaCRM-M/46990/2021disposed of

Manjit Kaur And ORS v. Satvinder Kaur

2023-05-08Mr. Justice Jagmohan Bansal2 pages

CRM-M-46990-2021 -12023:PHHC:065575

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-46990-2021 Date of Decision : 08.05.2023 Manjit Kaur and others ......... Petitioners

Versus

Satvinder Kaur ......... Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Ashish Aggarwal, Advocate for the petitioners.

**** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner through instant petition under Section 482 Cr.P.C. is seeking quashing of Complaint No. COMA-155 of 2020 dated 08.09.2020 titled as "Satvinder Kaur vs. Gurmail and others" (Annexure P3), which has been filed by the respondent under Section 12 of DV Act and at present is pending before JMIC, Karnal along with all subsequent proceedings arising therefrom as well as order dated 05.03.2021. 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 vs. Suganya 2022 SCC online Mad 5435 has held:

i) Proceedings under Section 12 of DV Act are civil in nature;

ANJU GOEL 2023.05.08 17:22 I attest to the accuracy and integrity of this document

CRM-M-46990-2021 -22023:PHHC:065575 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-M19553 of 2023, present petition is not maintainable and accordingly disposed of with liberty to the petitioner to avail remedy as permissible by law.

4.

Disposed of with liberty as aforesaid.

( JAGMOHAN BANSAL ) JUDGE 08.05.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.05.08 17:22 I attest to the accuracy and integrity of this document