HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CRM(M) No. 252/2025 Rajesh Khanna ..... Petitioner(s) Through :- Mr. Vilakshan Singh, Advocate. Vs Vandhana Khanna .....Respondent(s) Through :- CORAM:HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 26.03.2025 1. The petitioners have challenged order dated 03.09.2024 passed by the Special Mobile Magistrate (Sub-Judge), Jammu whereby notice has been issued to the petitioner in a petition filed by the respondent against him under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter DV Act). 2. Learned counsel for the petitioner has submitted that on an earlier occasion, the respondent had filed a similar application against the petitioner which came to be dismissed by virtue of order dated 09.11.2019 passed by the learned Second Additional Sessions Judge, Jammu while exercising its appellate jurisdiction under Section 29 of the DV Act. On this ground, it is being urged that it was not open to the learned trial Magistrate to issue notice to the petitioner on the basis of the impugned complaint. 3. It is a settled law that proceedings under DV Act are not strictly criminal in nature and it has also been held by this Court on the basis of ratio laid down by the Supreme Court in the case of Kamatch vs. Lakshmi Narayan, 2022 Sr. No. 167 2 SCC Online 446, that in a proceeding under DV Act, it is open to the Magistrate to recall its order of summoning the respondent if the Magistrate is satisfied that no case is made out against the respondent. In this view of the matter, it is open to the petitioner to approach the learned Magistrate with an application for dropping of proceedings against him. 4. Accordingly, the petition is disposed of with a liberty to the petitioner to approach the learned Magistrate with an application for dropping of proceedings alongwith his reply to the petition. If and when such an application is filed by the petitioner before the learned Magistrate, the same shall be dealt with by the said Magistrate in accordance with law, after hearing the parties, most expeditiously preferably within a period of 30 days from the date, such an application along with reply is filed by the petitioner before the learned Magistrate. (SANJAY DHAR) JUDGE JAMMU 26.03.2025 Neha-1 Neha Kumari 2025.03.27 13:26 I attest to the accuracy and integrity of this document