High Court of Punjab and HaryanaCRM-M/49992/2019disposed of

Sukhbir Kaur@Rani And ORS v. Paramjit Kaur

2023-03-09Mr. Justice Jagmohan Bansal2 pages

In the High Court of Punjab and Haryana at Chandigarh CRM-M-49992 of 2019 Date of Decision: 09.03.2023 Sukhbir Kaur @ Rani and others ---Petitioners versus Paramjit Kaur ---Respondent

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Sandeep Arora, Advocate for the petitioners **** JAGMOHAN BANSAL, J. (ORAL) The petitioners through instant petition under Section 482 Cr.P.C. are seeking quashing of Complaint No. 78 dated 11.05.2018 (Annexure P-1), filed under Protection of Women from Domestic Violence Act, 2005 (for short "D.V.Act") which is pending before Additional Chief Judicial Magistrate, Gurdaspur Learned counsel for the petitioners, at the outset, states that there is typographical error in head note wherein Sections 9(b) and 37(2)(C) of D.V.Act is mentioned whereas correct Section is 12 of D.V.Act.

Learned counsel for the petitioners, on being confronted with the fact that the trial Court has not passed any adverse order, prays that personal appearance of the petitioners may be exempted and their right to challenge any adverse order passed against them may be protected.

PARAMJIT KAUR SAINI 2023.03.09 17:56 I attest to the accuracy and authenticity of this order/judgment

CRM-M-49992 of 2019 -2Without commenting on merits of the case, the petition is disposed of with following directions :

i) Personal appearance of the petitioners before trial Court shall remain exempt;

ii) The petitioners shall remain present as and when specifically called by the trial Court;

iii)The petitioners shall not raise any grouse on the sole ground of his absence, if any adverse order is passed against the petitioners;

iv) The petitioners shall be at liberty to raise all the pleas before the trial Court and avail remedies as permissible by law, if any adverse order is passed against them. ( JAGMOHAN BANSAL ) JUDGE 09.03.2023 paramjit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PARAMJIT KAUR SAINI 2023.03.09 17:56 I attest to the accuracy and authenticity of this order/judgment