ARUN KUMAR Vs. RITU KASHYAP

JUDGEMENT

(1.) The present petition under section 482 Code of Criminal Procedure (for brevity "the Code") has been filed for quashing of orders dated 28.08.2012 passed by the Judicial Magistrate Ist Class, Ludhiana and dated 08.05.2013 passed by the Additional Sessions Judge, Ludhiana, whereby the application filed by the petitioner under Section 468 of the Code in Domestic Violence complaint No.54 dated 24.04.2012 was dismissed.

(2.) The facts relevant for the disposal of the present petition are that Ritu Kashyap (respondent herein) filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for brevity "the Act") in the Court of Judicial Magistrate Ist Class, Ludhiana. The petitioner filed an application on the premise that the complaint is not maintainable as per provisions of Section 468 of the Code. It is pleaded that Section 468 provides a period of only one year to file the complaint under the Act but the complaint has been filed beyond 3 years and 9 months and amounts to abuse of process of law and harassment to the petitioner.

(3.) Counsel for the petitioner submits that Section 28 of the Act prescribes the procedure in proceedings under Section 12, 18, 19, 20, 21, 22 & 23 and offence under Section 31 and as per Section 28(1) of the Act, the procedure shall be governed by the provision of the Code. It is further submitted that Section 468 of the Code deals with bar to taking cognizance after lapse of period of limitation and as per sub section 2 of Section 468, the period of limitation shall be one year, if the offence is punishable with imprisonment for a term not exceeding one year. He has argued with vehemence that as the complaint was filed by the respondent beyond expiry of period of one year from the date of accrual of cause of action, the complaint is liable to be dismissed as it is barred by limitation. It is further submitted that the trial Magistrate and the revisional Court wrongly relied upon the judgment of Hon'ble the Supreme Court of India V.D.Bhanot Vs. Savita Bhanot, 2012 1 RCR(Cri) 834 to hold that the application filed by the petitioner under Section 468 of the Code is liable to be dismissed.