SYED HASAN ALI AND OTHERS Vs. AASHI AHMAD

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C. has been filed by the petitioners to invoke the extra ordinary jurisdiction of this Court and to quash the proceedings in Criminal Case No. RT 10054/2015, pending before the JMFC, Bhopal for the offences under section 294, 323 and 498-A of the IPC.

(2.) Facts of the case in short are that the respondent filed a complaint against the petitioners in the Court of JMFC, Bhopal, in which, after recording the evidence of respondent under section 200 of the Cr.P.C. and her witnesses under section 202 of the Cr.P.C., the criminal case was ordered to be registered being RT No.10054/2015 on 15.9.2015, for offences punishable under sections 294, 323 and 498-A of the IPC and ordered for issuance the summons against the petitioners for their appearance before the Court of JMFC.

(3.) Being aggrieved by that registration, the petitioners filed this petition on the ground that cause of action as disclosed by the complainant in the complaint, arose from 21.8.2005 to 7.4.2007 and pleaded that cause of action continued thereafter, but she has not mentioned anywhere that after 7.4.2007 she was harassed by the petitioners. The complaint has been registered for offences under sections 294, 323 and 498-A of the IPC. The maximum punishment for offence under section 498-A of the IPC is three years. After the last cause of action, the complainant filed complaint in the year 2015. As per the provision of section 468 of the Cr.P.C., cognizance can be taken within three years. Hence, the Court below has committed error in taking the cognizance overlooking the point of limitation. The petitioners have further submitted that there is no sufficient evidence relating to harassment, misappropriation of property and uttering the filthy words, even then, the Court has registered the case for offence under sections 294, 323 and 498-A of the IPC. Hence, it is prayed that proceeding of aforesaid RT be quashed against all the petitioners.