High Court of Punjab and HaryanaCRM-M/48206/2023disposed of

Nidhi And ORS v. Ramrati Devi

2024-08-27Ms. Justice Nidhi Gupta2 pages

CRM-M-48206-2023(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48206-2023 (O&M) Date of Decision: 27.08.2024 Nidhi and others .... Petitioners

Versus

Ramrati Devi .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Abhimanyu Batra, Advocate for the petitioners.

Mr. Saurabh Sharma, Advocate for the respondent. *** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 482 Cr.P.C. is for quashing of the Complaint having No. COMA/451/2023 dated 19.05.2023 filed by the respondent under the Protection of Women from Domestic Violence Act, 2005 (Annexure P-1) pending before the learned Judicial Magistrate 1st Class, Karnal and the summoning order dated 19.05.2023 (Annexure P-2) passed by learned Judicial Magistrate 1st Class, Karnal and all other consequential proceedings arising therefrom. Power of attorney filed on behalf of the respondent in Court today is taken on record.

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-MDIVYANSHI 2024.08.28 10:48 I attest to the accuracy and integrity of this document

CRM-M-48206-2023(O&M) -219553-2023 titled as 'Jaspal Kaur alias Pinki and others vs. State of Punjab and another', wherein it has been held that 'the proceedings under 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In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.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. 27.08.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.08.28 10:48 I attest to the accuracy and integrity of this document