KAMATCHI versus LAKSHMI NARAYANAN

KAMATCHI versus LAKSHMI NARAYANAN

The High Court erred in treating an application under Section 12 of the Protection of Women from Domestic Violence Act as equivalent to a complaint initiating prosecution for limitation purposes; since no offence under the Act is committed by filing a Section 12 application, limitation under Section 468 CrPC (if attracted) would run only from the date of commission of an offence under Section 31 (i.e. breach of a protection order), and not from the date of filing the Section 12 application. The High Court's order quashing proceedings on the ground of limitation was set aside and the matter remitted to the Magistrate for consideration; respondent to file response within two weeks.

Parties
Appellant: KAMATCHI; Respondent: LAKSHMI NARAYANAN
Jurisdiction
India
Judgment Date
13 April 2022
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment and Order Dated 16.03.2020 in Crl.o.p. No.28924 of 2018
Outcome
Appeal allowed; High Court's view on limitation set aside; Crl. O.P. No.28924 of 2018 dismissed.
Legal Topics
Limitation, Section 12 Applications Under the DVA, Offence Under Section 31 (breach of Protection Order), Cognizance/complaint Distinction
Protection of Women From Domestic Violence Act, 2005 Code of Criminal Procedure, 1973 Limitation Section 12 Applications Under the DVA Offence Under Section 31 (breach of Protection Order) Cognizance/complaint Distinction

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Parties

KAMATCHI

Appellant

LAKSHMI NARAYANAN

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment and Order Dated 16.03.2020 in Crl.o.p. No.28924 of 2018

Legal Issues

  1. 1 Whether an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is to be treated for limitation purposes like a complaint under the CrPC
  2. 2 Whether the limitation period under Section 468 CrPC for offences under Section 31 of the Act is reckoned from filing of the Section 12 application or from commission of the offence (breach of a protection order)
  3. 3 Whether the High Court erred in quashing proceedings under the Act on the ground of limitation and equating a Section 12 application to initiation of prosecution/complaint under the CrPC

Ratio Decidendi

The High Court erred in treating an application under Section 12 of the Protection of Women from Domestic Violence Act as equivalent to a complaint initiating prosecution for limitation purposes; since no offence under the Act is committed by filing a Section 12 application, limitation under Section 468 CrPC (if attracted) would run only from the date of commission of an offence under Section 31 (i.e. breach of a protection order), and not from the date of filing the Section 12 application. The High Court's order quashing proceedings on the ground of limitation was set aside and the matter remitted to the Magistrate for consideration; respondent to file response within two weeks.

Court Disposition

Appeal allowed; High Court's view on limitation set aside; Crl. O.P. No.28924 of 2018 dismissed.

Orders

  • High Court order quashing proceedings in so far as it related to the respondent is set aside
  • Respondent-husband to file his response before the Magistrate within two weeks