Based on Inderjit Singh Grewal here, PWDV Act is subject to CrPC 468, so complaint filed after 1 year are time barred, hence the DVC is quashed by Madras High Court.
Note: On the request of respondent-wife, I have removed the name and address details of the litigants on page-1 of the judgment below. No other modifications were made to it.
N.Prasad-Vs-Harithalakshmi-on-20-Jul-2020(1)Citations : [2020 SCC OnLine Mad 1767]
Other Sources :
https://indiankanoon.org/doc/108935797/
In this judgment, Justice B.Siva Sankara Rao has ruled that the 1 year limitation as applicable to DV Cases is only for Cognizance of the case, and thereby affirmed that this aspect has to be brought up before cognizance is taken of the case by the court, not once proceedings have started.
Interesting Point !!!
J.Shyam Babu vs The State Of Telangana on 9 February, 2017Another gem of a judgment this time from Hon’ble Patna High Court. No DV Case maintainable after 1 year of alleged offence of Domestic Violence.
Santosh Kumar vs State Of Bihar & Anr on 6 October, 2017
Citation: 2018 CRI.L.J.1553
Indiankanoon.org link: https://indiankanoon.org/doc/82100178/
This is a wonderful judgment from Hon’ble Supreme Court whereby the knife filed a case under Protection of Women from Domestic Violence Act and approached the Hon’ble court with unclean hands and committed fraud upon the Hon’ble.
Key (Tricky) Highlight around applicability of CrPC but not Sec 468 CrPC:
Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 201124. Submissions made by Shri Ranjit Kumar on the issue of limitation, in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.
Citations : [2011 ANJ SC SUPP 2 90], [2012 CRLJ SC 309], [2012 ALLMR CRI SC 369], [2011 CRIMES SC 4 51], [2011 SUPREME 6 181], [2011 RCR CIVIL SC 4 129], [2011 RCR CRIMINAL SC 4 1], [2011 SCC 12 588], [2011 SLT 6 434], [2011 AIOL 597], [2011 SCALE 9 295], [2011 JT 11 177], [2012 SCC CRI 2 614], [2011 ACR SC 3 3544], [2011 DMC SC 3 7], [2011 KCCR 4 3283], [2011 KLJ 3 40], [2011 KLT SN 4 69], [2011 NCC 2 544], [2011 SCR 10 557], [2011 UC 3 1758], [2012 SCC CIV 2 742]
Other Sources :
https://indiankanoon.org/doc/1337239/
https://www.casemine.com/judgement/in/5609af03e4b014971141557d
Another previous judgment cited in this judgment is available here.
Index DV case laws is here.
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