SUPREME COURT

1. Kamatchi vs. Lakshmi Narayan [Criminal Appeal No. 627 of 2022]

The Appellant had filed for an appeal in the Hon’ble Supreme Court against the
order of the Madras High Court, which had quashed the Protection of Women from
Domestic Violence Act, 2005 proceedings initiated by the Appellant, on the ground
that Limitation Period for filing an application u/s 12 of the DV Act had passed on
the date of such application before the Magistrate.

The issue before the Hon’ble Court was Whether the limitation period prescribed
u/s 468 CrPC applicable to applications u/s 12, DV Act?

The court deliberated on a practical scenario where a complaint had been filed well
within the limitation period as per S. 468 CrPC, but there was a delay on the part of
the court itself to take cognizance and by the time the cognizance was taken, the
limitation period to take cognizance passed. So, according to the rigid interpretation
of Section 468, the court gets barred from taking cognizance even though the
complaint was filed in time. The Court relying on Sarah Mathew v. Institute of
Cardio-vascular diseases [(2014) 2 SCC 62], observed that a Court would be
entitled to take cognizance of an offence even after the limitation period is over, if
the filing of complaint or initiation of proceedings was within the period of
limitation from the date of commission of an offence.

Further the court dealt with the applicability of that S.498 to the proceedings under
the DV Act. The court observed that a magistrate U/s 12 can pass an order
after hearing both sides & taking into account the material on record. As per
the provisions of s.31 of DV Act, an offence is committed only after the breach
of such an order passed u/s 12, DV Act. Therefore, if there is a commission of
an offence by breach of an order of Magistrate, the period of limitation would
start from the date of commission of such offence as per Section 468, CrPC.
Thus, there would never be a starting point for limitation from the date of
application under Section 12 of the DV Act unless there is a breach of an order
passed under the said section.
Thus, the Hon’ble Supreme Court observed that the High Court erred in stating that
an application u/s 12 of the DV Act needs to be filed within 1 year from the acts of
domestic violence.