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High Court of Punjab and HaryanaCRM-M/14697/2023disposed of

Harpreet Kaur v. Amritpal Singh And Another

2023-05-01Mr. Justice Jagmohan Bansal2 pages

CRM-M-14697-2023 -12023:PHHC:062230

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14697-2023 Date of Decision : 01.05.2023 Harpreet Kaur ......... Petitioner

Versus

Amritpal Singh and another ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr. Malkeet Singh, Advocate for the petitioner.

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

The petitioner through instant petition under Section 482 Cr.P.C. is seeking setting aside of order dated 03.10.2022 whereby application of the petitioner to bring on record the legal representatives of Harminder Kaur wife of Gurdial Singh during the pendency of the complaint under Section 12 of Protection of Women from Domestic Violence Act, 2005 has been dismissed.

2.

The petitioner moved an application for impleading legal representatives of Harminder Kaur-respondent No.3 and to bring them on record. Learned Magistrate vide impugned order dated 03.10.2022 has dismissed application of the petitioner. This Court vide order dated 24.04.2023 in "Jaspal Kaur @ Pinki and others vs. State of Punjab and another" in CRM-M-19553-2023 relying upon the judgments of Hon'ble Supreme Court in "Kamatchi Vs. Lakshmi Narayanan" 2022 SCC Online SC 446, Kunappareddy Vs. Kunappareddy Swarna Kumari (2016) 11 SCC 774 and Full Bench of Madras High Court in Arul Daniel and others ANJU GOEL 2023.05.02 15:58 I attest to the accuracy and integrity of this document

CRM-M-14697-2023 -22023:PHHC:062230 Vs. Suganya 2022 SCC Online Mad 5435 has held that proceedings under Section 12 of DV Act are civil in nature, thus, petition under Section 482 Cr.P.C. is not maintainable against the petition under Section 12 of DV Act and notice under Section 13 of DV Act. The impugned order is appealable under Section 29 of DV Act, however, petitioner has not preferred appeal against impugned order.

3.

In view of order dated 24.4.2023 passed by this Court in CRMM-19553 of 2023 and remedy of appeal under Section 29 of DV Act 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 01.05.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.05.02 15:58 I attest to the accuracy and integrity of this document