Punjab-Haryana High Court
Hemant Passi And Others vs Upasana Passi on 29 October, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:142029
CR-6331-2024 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
***
CR-6331-2024
Date of decision : 29.10.2024
Hemant Passi and others
... Petitioners
Versus
Upasana Passi
... Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr.Kuldip Sanwal, 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 the judgment/order dated 12.10.2021
passed by the Additional Sessions Judge, Jalandhar, in an appeal under
Section 29 of the Protection of Women from Domestic Violence Act, 2005
against an order dated 19.01.2021 passed by the Judicial Magistrate Ist
Class, Jalandhar.
2. Learned counsel for the petitioners has submitted that the
petitioners had filed CRM-M-48510-2021, which was withdrawn vide order
dated 28.08.2024 with liberty to take recourse to the appropriate remedy, in
accordance with law. It is submitted that as per the judgment dated
25.10.2024 of the Division Bench of this Court passed in CR no.3407 of
2024 titled as "Hemant Bhagat and others vs. Prekshi Sood Bhagat and
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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 28.08.2024 passed in CRM-M-48510-2021 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petitioners, the present petition is dismissed as withdrawn with the aforesaid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.
4. Learned counsel for the petitioners has submitted that vide
order dated 06.09.2022 passed in CRM-30869-2022 in CRM-M-48510-
2021, an interim order was passed in favour of the petitioners and the
relevant portion of the said order is reproduced hereinbelow:-
"In these set of circumstances, the operation of the
impugned judgment dated 12.10.2021 passed by the Court of
learned Addl. Sessions Judge is stayed, subject to the condition
that the petitioners shall pay to the respondent or deposit in the
trial Court a sum of Rs. 1 Lakh to be further paid to the
respondent on or before 23.09.2022 and thereafter, continue to
pay to the respondent or deposit a sum of Rs. 25,000/- per
month in the trial Court to be paid to the respondent.
Adjourned to 14.10.2022."
5. It is submitted that the said interim order continued till
28.04.2024 and the Coordinate Bench of this Court even while granting
liberty to seek appropriate remedy, had stated that the said order would
continue for a period of 4 weeks from 28.08.2024. The relevant portion of
the said order is reproduced hereinbelow:-
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"Vide order dated 06.09.2022 passed in CRM-M-48510-
2021, a Coordinate Bench of this Court had stayed the
operation of impugned judgment dated 12.10.2021 passed by
learned Additional Sessions Judge, Jalandhar with certain
conditions. The said order shall subsist for the next four weeks
from today.
In view of the above, both the learned counsel for the
petitioners submit that they may be permitted to withdraw the
present petitions with liberty to take recourse to the
appropriate remedy, in accordance with law within a period of
four weeks from today.
Dismissed as withdrawn, with the liberty aforesaid.
Pending application(s), if any, stand(s) disposed of."
6. It is submitted that in the said circumstances, the interim order
dated 06.09.2022 be continued for a period of 4 weeks from today.
7. In view of the above said facts and circumstances, the interim
order dated 06.09.2022 would continue for a period of 4 weeks from today.
8. It is made clear that grant of present interim order should not be
construed as an expression on the merits of the case and the fresh petition
would be considered independently in accordance with law.
(VIKAS BAHL)
JUDGE
October 29, 2024.
Davinder Kumar
Whether speaking / reasoned Yes/No
Whether reportable Yes/No
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