Citation : 2024 Latest Caselaw 19087 P&H
Judgement Date : 29 October, 2024
Neutral Citation No:=2024:PHHC:141931
CR-6318-2024 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
***
CR-6318-2024
Date of decision : 29.10.2024
Anjli Sharma and another
... Petitioners
Versus
Sandeep Kaur and others
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr.Pritpal Singh Miglani, Advocate
for the petitioners.
VIKAS BAHL, J.(ORAL)
1. This is a Civil Revision Petition filed under Article 227 of the
Constitution of India for quashing of complaint no.COMA/14/2016 dated
13.05.2016 titled as "Sandeep Kaur vs. Saurab Sharma & Ors." pending in
the Court of Sub Divisional Judicial Magistrate, Phillaur, filed by the
respondent no.1 and notice dated 18.05.2016.
2. Learned counsel for the petitioners has submitted that earlier
CRM-M-41125-2019 titled as "Anjli Sharma and anr. vs. Sandeep Kaur"
was filed by the petitioners and vide order dated 26.09.2024, the said
petition was withdrawn in view of the judgment passed by the Coordinate
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 submitted that as per the judgment dated 25.10.2024 of the Division
1 of 2
Neutral Citation No:=2024:PHHC:141931
Bench of this Court passed in CR no.3407 of 2024 titled as "Hemant
Bhagat and others vs. Prekshi Sood Bhagat and other connected matters"
the petition under Section 482 Cr.P.C. has been held to be maintainable. It
is submitted that in view of the bar under the Cr.P.C., the order dated
26.09.2024 passed in CRM-M-41125-2019 cannot be recalled and thus, the
petitioners be permitted to withdraw the present petition with liberty to file
a fresh petition under Section 482 Cr.P.C.
3. In view of the statement made by learned counsel for the
petitioners, the present petition is dismissed as withdrawn with the aforesaid
liberty.
(VIKAS BAHL) JUDGE
October 29, 2024.
Davinder Kumar
Whether speaking / reasoned Yes/No
Whether reportable Yes/No
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