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2025 DAILYLAW 4518 (UTT)

RAJNI WALIA v. STATE OF UTTARAKHAND

C528/404/2025 · 2025-04-08

Vivek Bharti Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2653 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/404/2025 Ms. Prabha Naithani, learned counsel for the petitioner. 2. Mr. Akshay Latwal, learned A.G.A. for the State. 3. Present petition is filed under Section 528 B.N.S.S. to quash the impugned order dated 06.03.2025 passed by learned Principle Judge, Family Court, Dehradun, whereby the learned court had issued a possession warrant/parwana in Case No. 09 of 2018 against the petitioner and directed to vacate the disputed property. 4. Learned counsel for the petitioner would submit that the court below erred in law in passing impugned order dated 06.03.2025 as the petitioner was in possession of property in question, being daughter-in-law to the decree holder, who had compromised the matter in criminal proceedings registered against the petitioner/daughter-in-law under Section 306 I.P.C.. She would further submit that as per the compromise, the respondent/decree holder was to pay Rs.10 lacs to the petitioner/daughter-in-law to vacate the premises in question but the said amount has not been paid to the petitioner. Hence, this petition. 5. Learned State counsel would vehemently oppose the maintainability of the present petition on the ground that the impugned order is of a civil nature, which cannot be decided by this Court in its inherent jurisdiction under Section 528 B.N.S.S., therefore, the present petition is liable to be dismissed on the ground of maintainability only. 6. At this stage, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to avail remedy before the appropriate forum. 7. In view of the above, permission is granted. 8. Present petition is dismissed with liberty as above. (Vivek Bharti Sharma, J.) 08.04.2025 Mamta 2025:UHC:2653