A single Judge of Allahabad High Court held as follows,

From Para 12,

12. This Court has perused the provisions of Section 468 Cr.P.C. and finds that the said provision prescribes the period of limitation for taking cognizance of offences punishable with imprisonment up to six months, one year and three years, respectively. However, under the provisions of the Domestic Violence Act, 2005, there is no specific punishment prescribed in respect of the reliefs sought under Sections 18, 19, 20, 21 and 22 of the said Act. Section 18 provides for protection orders, Section 19 deals with residence orders, Section 20 provides for monetary reliefs, Section 21 deals with custody orders in respect of children and Section 22 provides for compensation orders.

From Paras 16-20,

16. This Court has considered the submissions advanced by learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The Hon’ble Supreme Court, in paragraph No. 19 of the judgment of Kamatchi (supra), has clearly held that filing of an application under Section 12 of the Domestic Violence Act, 2005, does not constitute an offence and that an offence arises only when the respondent breaches a protection order or an interim protection order passed by the Magistrate under the Act. The Hon’ble Supreme Court has further clarified in paragraph No. 28 that filing of an application under Section 12 of the Act cannot be equated with lodging of a criminal complaint or initiation of prosecution. A similar view has also been taken by the Division Bench of this Court in Trilochan Singh (supra), wherein it has been held that Section 468 Cr.P.C. has no applicability to an application filed under Section 12 of the Act.
17. This Court finds that Section 468 Cr.P.C. deals with the limitation for taking cognizance of offences punishable under the law. However, the application filed under Section 12 of the Domestic Violence Act, 2005, is for seeking reliefs provided under Sections 18, 19, 20 and 22 of the said Act, which are not offences. The offences and punishments are separately provided under Sections 31 and 33 of the Act, 2005. In the present case, no protection order or interim protection order has yet been passed, nor has any occasion arisen for invoking the penal provisions of Sections 31, 32 and 33 of the Act, 2005, therefore, the provisions of Section 468 Cr.P.C. are not attracted to the proceedings in question.
18. This Court further finds that the revisionist, instead of contesting the application on its merits before the trial court, has raised a preliminary objection under Section 468 Cr.P.C., which is not applicable to the reliefs claimed under the Act, 2005. Such an objection would unnecessarily delay the proceedings and defeat the object of the Act, which provides for speedy relief to the aggrieved person. Thus, the application filed by the revisionist appears to be an attempt to delay the proceedings rather than contesting the matter on its merits. Accordingly, no interference is warranted by this Court in the impugned orders dated 08.09.2026 passed by the Additional Sessions Judge /F.T.C-I Agra and 08.10.2024 passed by the Civil Judge (J.D.) /F.T.C-I Agra.
19. In view of the aforesaid observations, the revision is dismissed with a direction to all the courts dealing with cases under the the Protection of Women from the Domestic Violence Act, 2005 to make an endeavour to decide the pending proceeding within 60 days as provided under Section 12(5) of the Act, 2005, including execution proceedings also; otherwise, the trial court shall frustrate the mandate and spirit of law, which would lead to the conduct of the Judicial Officers being called into question.
20. Registrar (compliance) is directed to communicate this order to the Presiding Officers of the Gram Nyayalaya, Judicial Magistrates and the District and Sessions Judge, Agra as well as transmit a copy of this order to the Judicial Training and Research Institute, U.P. Lucknow (J.T.R.I.), for the academic purposes of the Judicial Officers.

Citations:

Other Sources:

Index of Domestic Violence judgments is here.