Megh Raj Sharma And Others v. Prem Lata And Others

CRM-M-55135-2023
Sr. No.202

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-55135-2023 Date of decision:
 

MEGH RAJ SHARMA AND OTHERS ........Petitioners versus PREM LATA AND OTHERS .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. S.K. Garg Narwana, Senior Advocate with Mr. Vishal Garg Narwana, Advocate and Mr. Nitin Sachdeva, Advocate for the petitioners.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of petition bearing No.COMA-179-2019, filed under Section 12 of the Domestic Violence Act, 2005 (Annexure P-2), pending in the Court of learned Chief Judicial Magistrate, Mohali and all subsequent proceedings arising therefrom.

2.

Learned counsel for the petitioners contends that respondent No.1Prem Lata and respondent No.2-Bhikha Ram have filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the petitioners and against Priyamvada Sharma. It is further submitted that the petition filed on behalf of Priyamvada Sharma has been disposed of with liberty to the petitioner to approach the Magistrate by way of filing an application raising the question of maintainability of the petition against the petitioners in terms of the definition of "aggrieved person" [Section 2(a)], "domestic relationship" [Section 2(f), "respondent" [Section 2(q)] and "shared household" [Section 2(s)] of the Domestic Violence Act, 2005 as well as in terms of the order passed by the SIMRANDEEP KAUR 2024.09.05 16:11 I attest to the accuracy and integrity of this order/judgment.

CRM-M-55135-2023  co-ordinate Bench of this Court in CRM-M-19553-2023, titled as "Jaspal Kaur alias Pinki and others vs. State of Punjab and others", decided on 24.04.2023. It is contended that the present petition can also be disposed of in terms of the order dated 15.12.2023, passed in CRM-M-57973-2023, titled as "Priyamvada Sharma vs. Prem Lata and Others". Copy of the said order dated 15.12.2023 has been submitted in the Court today, which is taken on record. 3.

Since the petitioners are also the respondents in the application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, as such, the present petition is disposed of in terms of the aforesaid order dated 15.12.2023, passed in CRM-M-57973-2023.

4.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE
 

simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2024.09.05 16:11 I attest to the accuracy and integrity of this order/judgment.