A Full Bench of Apex Court (Justice Ravindra Bhat’s name is missing in the judgment PDF), while overruling Dr.P.Pathmanathan here, held that, limitation under section 468 CrPC does not apply to DV cases.
From Paras 20 and 21,
Kamatchi Vs Lakshmi Narayanan on 13 Apr 2022
20. It is thus clear that the High Court wrongly equated filing of an application under Section 12 of the Act to lodging of a complaint or initiation of prosecution. In our considered view, the High Court was in error in observing that the application under Section 12 of the Act ought to have been filed within a period of one year of the alleged acts of domestic violence.
21. It is, however, true that as noted by the Protection Officer in his Domestic Inspection Report dated 2.08.2018, there appears to be a period of almost 10 years after 16.09.2008, when nothing was alleged by the appellant against the husband. But that is a matter which will certainly be considered by the Magistrate after response is received from the husband and the rival contentions are considered. That is an exercise which has to be undertaken by the Magistrate after considering all the factual aspects presented before him, including whether the allegations constitute a continuing wrong.
Other Sources :
Earlier decision of Madras High Court here.