PARVINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing the order (Annexure P -4) dated 23.07.2013 passed by the Judicial Magistrate 1st Class, Ludhiana who allowed the application (Annexure P -1) and restored the complaint filed under the Domestic Violence Act, 2005.

(2.) THE brief facts necessary for disposal of the case are briefly being noticed. Daljot Kaur -respondent no. 2 filed a complaint under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005. That complaint was dismissed for non -prosecution on 26.03.2012 on the failure of appearance of the complainant. A restoration application (Annexure P -1) was filed which was allowed after hearing both the sides. The order passed on the application has been assailed.

(3.) THE contention raised on behalf of the petitioners is that the Magistrate had no power to review and recall its order as there is no provision for restoration of a complaint filed under the Criminal Procedure Code and the only remedy is under Section 482 Cr.P.C. Referring to the case of Suresh and others Vs. Rekha 2010(1) RCR (Criminal) 45, it was urged that there a complaint was dismissed in default and the Sessions Judge had restored the same and it was held that since the Magistrate could not recall its order and it had declined to review its own order, the proper course was to file revision and here the proceedings under the Domestic Violence Act are criminal in nature and the complaint could not have been restored. Reliance was placed upon Adalat Prasad Vs. Rooplal Jindal : 2004(4) RCR (Criminal) 1.