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Limitation period u/s 468 CrPC not applicable to application u/s 12 Domestic Violence Act
Kamatchi Vs Lakshmi Narayanan
CrA 627 OF 2022
About/from the judgment:
Protection of Women from Domestic Violence Act, 2005 ; Section 12, 31 - Code of Criminal Procedure, 1973 ; Section 468 - If there be any offence committed in terms of the provisions of the Act, the limitation prescribed under Section 468 of the Code will apply from the date of commission of such offence. By the time an application is preferred under Section 12 of the Act, there is no offence committed in terms of the provisions of the Act and as such there would never be a starting point for limitation from the date of application under Section 12 of the Act. Such a starting point for limitation would arise only and only after there is a breach of an order passed under Section 12 of the Act. (Para 15)
Protection of Women from Domestic Violence Act, 2005 ; Section 12,31 - Filing of an application under Section 12 of the Act cannot be equated to lodging of a complaint or initiation of prosecution. (Para 20)
Protection of Women from Domestic Violence Act, 2005 ; Section 12 - The scope of notice under Section 12 of the Act is to call for a response from the respondent in terms of the Statute so that after considering rival submissions, appropriate order can be issued - The dictum in Adalat Prasad v. Rooplal Jindal (2004) 7 SCC 338 would not get attracted at a stage when a notice is issued under Section 12 of the Act. (Para 22)
Code of Criminal Procedure, 1973 ; Section 468 - If a complaint was filed within the period prescribed under Section 468 of the Code from the commission of the offence but the cognizance was taken after the expiry of such period, the terminal point for the prescribed period for the purposes of Section 468, was shifted from the date of taking cognizance to the filing of the complaint or initiation of proceedings so that a complaint ought not to be discarded for reasons beyond the control of the complainant or the prosecution. [Referred to Sarah Mathew v. Institute of Cardio Vascular Diseases (2014) 2 SCC 62 ] (Para 14)
Summary : Appeal against the Madras HC judgment which quashed proceedings under Domestic Violence Act on the ground of limitation - Allowed - High Court was in error in observing that the application under Section 12 of the Act ought to have been filed within a period of one year of the alleged acts of domestic violence.
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