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HIGH COURT OF DELHI
CRL.M.C. 4845/2025, CRL.M.A. 21003/2025 & CRL.M.A.
21004/2025 NISHEETH KOHLI .....Petitioner
Through: Mr. Randhir Kumar, Mr. Amit Kumar and Ms. Khushboo Sharma, Advs.
Through: Mr. Prateek Goswami, Advs.
AJAY DIGPAUL, J.
JUDGMENT
1. By way of the present petition, the petitioner seeks to set aside orders dated 01.11.2023, 20.06.2024 and 23.10.2024, passed under Section 23 of Domestic Violence Act, 2005[1] by the Court of MM (Mahila Court)-01, North, District Court, Rohini, Delhi in Ct. Case No. 55/2017 titled Sonal Malik @ Sonal Kohli v. Nisheeth Kohli & Ors.
2. At the outset, Mr. Prateek Goswami, learned Counsel for the respondent submits that the present petition is not maintainable under Article 227 of the Constitution of India read with Section 428 of Bharatiya Nagarik Suraksha Sanhita (“BNSS”), as the impugned orders dated “The Act”, hereinafter CRL.M.C. 4845/2025 01.11.2023, 20.06.2024 and 23.10.2024 are challengeable only under the specific provision of the Act.
3. Section 29 of the Act prescribes appeal which reads thus:
4. At this stage, learned Counsel for the petitioner seeks leave to withdraw this petition and approach the concerned court by availing the remedy under Section 29 of the Act.
5. Accordingly, leave is granted and the petitioner is at liberty to approach the concerned court in accordance with the law.
6. In view of the above, the petition is dismissed as withdrawn.
7. It is made clear that the observations made hereinabove shall not to be construed as an expression of this Court on the merits of the case before the concerned court. AJAY DIGPAUL, J JULY 22, 2025