ASHUTOSH MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and Sri Rajeev Kr. Singh, learned A.G.A. for the State.

(2.) The instant application has been filed to quash the order dtd. 10/11/2021 passed by Special C.J.M., Kanpur Nagar in Complaint Case No. 1159 of 2018 (Anjali Mishra vs. Ashutosh Mishra and others) and order dtd. 30/11/2023 passed by Additional Sessions Judge, Court No.6, Kanpur Nagar in Criminal Appeal No. 126 of 2021 (Ashutosh Mishra vs. State of U.P. and another) and the entire proceeding thereof.

(3.) The contention of learned counsel for the applicant is that the proceeding under the Domestic Violence Act is barred by Sec. 468 Cr.P.C. as the alleged incident is shown of the year 2016 and the complaint u/s 12 Domestic Violence Act was filed in the year 2018 i.e. after two years from the date of incident. The second contention is that the applicant is already paying the maintenance u/s 125 Cr.P.C., therefore, no cause of action arose for filing the complaint in question.