08.2024 Gurdeep Singh Bajwa v. Mandip Kaur & Ors.
Case at a glance
- Order date
- 02 Aug 2024
- Bench
- NIDHI GUPTA
Outcome
Dismissed
In view of the above, the present petition is dismissed as
Provisions considered
- Protection of Women from Domestic Violence Act, 2005 ss. 12, 23
- Code of Criminal Procedure, 1973 ss. 397, 482
Judgment
Operative part
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr.Om Pal Sharma, Advocate for the petitioner. Mr. Baljinder Singh, Advocate for Mr. Prateek Pandit, Advocate for respondent No. 1. NIDHI GUPTA, J. (ORAL) Challenge in the present revision petition is to the order dated 16.08.2018, passed by the learned Additional Sessions Judge, Kapurthala, whereby the appeal filed by the petitioner against the order dated 05.09.2017, passed by the learned Sub Divisional Judicial Magistrate, Sultanpur Lodhi, directing the petitioner and respondent No. 2-husband to pay maintenance @ Rs.6000/- per month to respondent No. 1, in a proceeding under Section 23 of the Protection of Women from Domestic Violence Act, 2005, was dismissed. At the very outset, learned counsel for the petitioner submits that he may be permitted to withdraw the present petition with liberty to take recourse to the appropriate remedy, in accordance with law, in view RISHU KATARIA 2024.08.05 19:46 I attest to the accuracy and authenticity of this order/judgment. CRR-3052-2018 -2- of judgment dated 24.04.2023 passed by a co-ordinate Bench of this Court in CRM-M-19553-2023, 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’. Vide order dated 20.04.2021, a co-ordinate Bench of this Court had stayed the proceedings before the Executing Court. The said order shall subsist for the next four weeks from today. In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.
02.08.2024 ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2024.08.05 19:46 I attest to the accuracy and authenticity of this order/judgment.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the present petition is dismissed as
Which statutory provisions did this judgment involve?
Protection of Women from Domestic Violence Act, 2005 — ss. 12, 23; Code of Criminal Procedure, 1973 — ss. 397, 482.
Which court decided this case, and when?
Punjab & Haryana High Court, on 02 Aug 2024. The bench was NIDHI GUPTA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.