High Court of Punjab and HaryanaCRR/2259/2019disposed of

Anu Parbhakar v. Sanjeev Parbhakar And Another

2023-05-10Mr. Justice Jagmohan Bansal2 pages

In the High Court of Punjab and Haryana at Chandigarh 104-1 2023:PHHC:067044 CRR- 2259 of 2019 (O&M) Date of Decision: 10.05.2023 Anu Parbhakar ---Petitioner versus Ssnjeev Parbhakar and another ---Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Ashish Soi, Advocate for the petitioner **** JAGMOHAN BANSAL, J. (ORAL) The petitioner through instant petition is seeking setting aside of order dated 25.07.2019 whereby Additional Sessions Judge, Ludhaina has dismissed appeal of the petitioner against order dated 02.12.2016 whereby JMIC, Ludhiana has dismissed complaint of the petitioner qua respondents therein.

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.

PARAMJIT KAUR SAINI 2023.05.10 16:42 I attest to the accuracy and authenticity of this order/judgment

2023:PHHC:067044 CRR- 2259 of 2019 (O&M) -2ii) 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. 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 petitioner to avail remedy as permissible by law.

Disposed of with liberty as aforesaid.

( JAGMOHAN BANSAL ) JUDGE 10.05.2023 paramjit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PARAMJIT KAUR SAINI 2023.05.10 16:42 I attest to the accuracy and authenticity of this order/judgment