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Supreme Court of India · 13/04/2022

KAMATCHI versus LAKSHMI NARAYANAN

[2022] 5 S.C.R. 629 · 2022 INSC 422

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Summary

A wife challenged quashing of her domestic-violence application as filed more than one year after the alleged incidents. The Court held that an application under Section 12 seeks statutory relief and does not initiate prosecution for an offence. Section 468 CrPC therefore did not impose the one-year filing bar applied by the High Court. The husband’s quashing petition was dismissed and proceedings before the Magistrate restored, with the factual merits expressly left open.

Issues

  1. Whether Section 468 CrPC limited the time for presenting an application under Section 12 of the Domestic Violence Act.
  2. Whether notice on that application attracted the rule concerning recall of criminal process.

Provisions considered

Held

Result

Appeal allowed without costs; the High Court’s order was set aside and the husband’s quashing petition dismissed. He was directed to respond before the Magistrate within two weeks, after which the matter was to proceed independently on its merits.

Judgment PDF: Supreme Court of India, [2022] 5 S.C.R. 629.