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High Court of Punjab and HaryanaCRR/2132/2023dismissed

Mohit Jindal v. Sudesh Kumari

2024-07-222 pages

CRR-2132-2023 (O&M) - 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRR-2132-2023 (O&M) Date of decision: 22.07.2024 MOHIT JINDAL ....Petitioner

Versus

SUDESH KUMARI

...Respondent

CORAM:

HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present :

Mr. C.S. Rana, Advocate for the petitioner.

Mr. Dishant Jindhal, Advocate for Mr. Ashwani Kumar Talwar, Advocate for the respondent. HARPREET SINGH BRAR. J.(Oral) 1.

Present revision petition has been filed under Section 401 of Cr.P.C. seeking quashing of the impugned order dated 31.07.2023 passed by the Court of learned Additional Sessions Judge, Ludhiana as well as impugned order dated 14.03.2018 passed by the Court of learned JMIC, Ludhiana. 2.

In view of the settled law pronounced by the Hon'ble Supreme Court in Kunappareddy Vs. Kunappareddy Swarna Kumari (2016) 11 SCC 774, Full Bench of Madras High Court in Arul Daniel and others Vs. Suganya, 2022 SCC Online Mad 5435 and by the Co-ordinate Bench of this Court in Jaspal Kaur alias Pinki and others Vs. State of Punjab and others in CRM-M-19553-2023 decided on 24.04.2023, the provisions of the Code of Criminal Procedure, 1973 cannot be invoked to challenge proceedings emerging out of Protection of Women against AMANDEEP GOSAIN 2024.07.23 23:05 I attest to the accuracy and integrity of this order/judgment

CRR-2132-2023 (O&M) - 2Domestic Violence, 2005.

3.

Faced with this situation, learned counsel for the petitioner seeks liberty to invoke alternative appropriate remedy on the same cause of action in accordance with law for redressal of grievances raised in the present petition. 4.

Dismissed as withdrawn with liberty aforesaid. 5.

All pending application(s), if any, stand disposed of accordingly. (HARPREET SINGH BRAR) 22.07.2024 JUDGE amandeep Whether speaking/reasoned.

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Yes/No Whether Reportable.

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Yes/No AMANDEEP GOSAIN 2024.07.23 23:05 I attest to the accuracy and integrity of this order/judgment