web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: IPC 498A – 3 Years Limitation

Musin Babulal Thengade and Ors Vs State of Maharashtra and Anr on 29 Jan 2025

Posted on March 2 by ShadesOfKnife

A division bench of Bombay High Court at Aurangabab held that

From Para 6,

6. Apart from this, the learned A.P.P. has also placed reliance on judgment of Hon’ble Supreme Court in the matter of Rupali Devi Vs. State of Uttar pradesh reported in AIR OnLine (2019) SC 394.

From Paras 9 and 10,

9. As regards Section 472 of the Cr. P. C, contention of the learned A.P.P. that offence under Section 498-A of the IPC is a continuing wrong will have to be accepted, but only with a rider. Although the offence under Section 498-A of the IPC is a continuing wrong, it would not mean that limitation would continue to run perennially.The correct interpretation of the provision is provided in the matter of Arun Vyas and another Vs. Anita Vyas (supra) which sates that in case of offence under Section 498-A, a new starting point of limitation is start on every occasion when the wrong is committed and the period of limitation needs to be computed from the last such wrong. We may profitably quote paragraph 13 of the said decision, which reads as under :-
“ The essence of the offence in Section 498-A is cruelty as defined in the explanation appended to that section. It is a continuing offence and on each occasion on which the respondent was subjected to cruelty, she would have a new starting point of limitation. The last act of cruelty was committed against the respondent, within the meaning of the explanation, on October 13, 1988 when, on the allegation made by the respondent in the complaint to Additional Chief Judicial Magistrate, she was forced to leave the matrimonial home. Having regard to the provisions of Sections 469 and 472 the period of limitation commenced for offences under Sections 406 and 498-A from October 13, 1988 and ended on October 12, 1991. But the charge sheet was filed on December 22, 1995,therefore, it was clearly barred by limitation under Section 468(2)(c) Cr. P. C.’’
10. Thereafter, the Hon’ble Supreme Court has further stated in paragraph No. 14 that in complaints under Section 498-A the wife will invariably be oppressed, who is subjected to cruelty and, therefore, Section 473 of the Cr. P.C should be construed liberally in favour of wife. However, the Hon’ble Supreme Court has also cautioned that the words interest of justice employed in Section 473 of the Cr. P. C. cannot mean in the interest of prosecution and the true object of the provision is to advance the cause of justice by protecting the oppressed and punishing the offender. The Hon’ble Supreme Court has also referred to its earlier judgment in the matter of Onkar Radha Manohari (Smt) Vs. Venka Venkata Reddy reported in 1993 AIR SCW 3595 that while dealing with Section 498-A of the Indian Penal Code, the Court should not only examine as to whether delay is properly explained, but also as to whether it is necessary to entertain a time barred matter in the interest of justice.

From Paras 13 and 14,

13. These observations have been made in the context of territorial jurisdiction. The judgment does not deal with the aspect of limitation. Provisions of Sections 468, 472 and 473 of the Cr. P.C did not fall for consideration in this case. As against this in the cases of Arun Vyas and another Vs Anita Vyas (supra) and Ramesh and other Vs. state of Tamil Nadu (supra), the question of limitation was directly involved and the same is answered referring to the relevant statutory provisions. It is settled legal principle that judgments of the Courts have to be interpreted in the backdrop of facts of the particular case. Ratio of a case has to be understood and appreciated in the backdrop of the facts in which the judgment is delivered. The law laid down in the judgment cannot be divorced from the facts of the case in which it is delivered. A judgment cannot be interpreted like a statute. It cannot be applied uniformly every where like Euclid’s theorems of geometry. Therefore, while dealing with aforesaid three judgments cited during the course of hearing, we are of the considered opinion that the ratio laid down in the matters of Arun Vyas and Ramesh which directly deal with the question of limitation will have to be accepted. The judgment in the matter of Rupali Devi is relating to territorial jurisdiction of a Court to deal with offence under Section 498-A of the IPC.
14. In the light of above, we are of the opinion that limitation for offence punishable under Section 498-A of the IPC shall commence from the last act of cruelty. Offence under Section 498-A of the IPC is a continuing offence implies that each act of cruelty would offer new starting point of limitation. Limitation for prosecution under Section 498-A does not continue for indefinite period. Such interpretation will render Section 468 of the Cr. P.C. nugatory or otiose for the purpose of Section 498-A of the Indian Penal Code which does not appear to be the intention of legislature. Had there been intention to exclude Section 498-A of the IPC from the sweep of Section 468 of the Cr. P.C express provision could have been made for the said purpose.

Musin Babulal Thengade and Ors Vs State of Maharashtra and Anr on 29 Jan 2025

Citations: [2025:BHC-AUG:2858-DB]

Other Sources:

https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-cruelty-498a-ipc-limitation-283107

https://lawtrend.in/limitation-period-for-ipc-section-498-a-to-commence-from-last-act-of-cruelty-bombay-high-court/

Limitation for offence punishable under Section 498-A of IPC commences from the last act of cruelty: Bombay HC

https://www.verdictum.in/court-updates/high-courts/bombay-high-court/aurangabad-musin-babulal-thengade-v-the-state-of-maharashtra-2025-bhc-aug-2858-db-limitation-1567184


Index of Quash judgments is here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 472 - Continuing offence CrPC 473 - Extension of period of limitation in certain cases CrPC 482 – IPC 498A Quashed Delay or Unexplained Delay In Filing Complaint IPC 498A - 3 Years Limitation IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Landmark Case Legal Procedure Explained - Interpretation of Statutes Legislative Intent must be Respect while Interpreting Statutes Musin Babulal Thengade and Ors Vs State of Maharashtra and Anr Rupali Devi Vs State of UP and Ors | Leave a comment

Kamlesh Kalra Vs Shilpika Kalra and Ors on 24 April 2020

Posted on August 24, 2020 by ShadesOfKnife

Daughter-in-law launched a pressure tactic (supreme court’s words) against her in-laws and husband but had to eat dirt in the end. Since the complaint was filed after more than limitation period of 3 years, the 498A case was quashed.

Trivia: No launching of criminal proceedings for filing a false case.

Kamlesh Kalra Vs Shilpika Kalra and Ors on 24 April 2020

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 482 – IPC 498A Quashed IPC 406 - Not Made Out IPC 498A - 3 Years Limitation Kamlesh Kalra Vs Shilpika Kalra and Ors Legal Terrorism | Leave a comment

Arun Vyas and Anr Vs Anita Vyas on 14 May 1999

Posted on June 30, 2019 by ShadesOfKnife

In this landmark judgment, Apex Court held that offence under Section 498-A of the I.P.C. is a continuing offence and that there would be a new starting point of limitation on each occasion on which the victim was subjected to cruelty. It was specifically held that the last act of cruelty was committed when the victim was forced to leave matrimonial home.

Arun Vyas & Anr vs Anita Vyas on 14 May, 1999

Citation: [1999 ACR SC 2 1456], [1999 CRI LJ 3479], [1999 CRIMES SC 3 90], [1999 DMC SC 2 247], [1999 JT SC 4 421], [1999 OLR 2 364], [1999 RCR CRIMINAL 2 828], [1999 SCALE 3 724], [1999 SCC 4 690], [1999 SCR 3 719], [1999 UJ 2 968], [1999 SCC CRI 629], [1999 AIR SC 0 2071], [1999 SCC CR 0 629], [1999 AIR SC 207], [1999 RCR CRI 2 828], [1999 CRLJ 0 3479], [1999 CALCRILR 0 297], [1999 AIR SC 0 1793], [1999 SCC 4 691], [2000 BOMCR SC 1 233], [1999 SUPREME 5 458]

Other Source links: https://indiankanoon.org/doc/1494464/ or https://www.casemine.com/judgement/in/5609ad5de4b0149711411319 or https://mynation.net/judgments/arun-vyas-anr-vs-anita-vyas-on-14-may-1999/


Orissa High Court passed a similar judgment here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arun Vyas and Anr Vs Anita Vyas CrPC 472 - Continuing offence IPC 498A - 3 Years Limitation IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Landmark Case

Vishnu Mohan Jha & Ors vs The State Of Bihar & Anr on 21 November, 2017

Posted on September 11, 2018 by ShadesOfKnife

This quash judgment from hon’ble high court of patna which held that there was no jurisdiction for Magistrate in Dharbhanga to prosecute the husband for 498A, whereas all the alleged offences occured in Hyderabad. Moreover there was a decree of divorce granted 2 years before instituting the 498A case!!

Vishnu Mohan Jha & Ors vs The State Of Bihar & Anr on 21 November, 2017
Posted in High Court of Patna Judgment or Order or Notification | Tagged CrPC 482 - Quash IPC 498A - 3 Years Limitation No Territorial Jurisdiction Applies Due To Telephone Call Vishnu Mohan Jha and Ors vs The State Of Bihar and Anr | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
thetreeni Treeni @thetreeni ·
21 May

Mohsin Khan Lured Hundreds of Hindu Girls, Recorded Explicit Videos for Blackmail at Indore Shooting Academy

He molested a minor student, threatening to ruin her career. His phone revealed chats with 100+ girls and explicit videos.

Hindu groups suspect his brothers’…

Reply on Twitter 1925234408904159321 Retweet on Twitter 1925234408904159321 4218 Like on Twitter 1925234408904159321 7142 X 1925234408904159321
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
twatterbaas Boer @twatterbaas ·
28 Apr

As a white South African, I have a question to my fellow black South Africans and our President Ramaphosa. Which land exactly do you intend to take without zero compensation?
All white owned land?
Some white owned land?
No white owned land?
State land?

Majority black people on…

Reply on Twitter 1916922394154827840 Retweet on Twitter 1916922394154827840 1344 Like on Twitter 1916922394154827840 5793 X 1916922394154827840
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
endwokeness End Wokeness @endwokeness ·
21 May

🇬🇧 New mayors of Sheffield, Brighton, and Rotherham

3

Reply on Twitter 1925008167538184574 Retweet on Twitter 1925008167538184574 5531 Like on Twitter 1925008167538184574 45846 X 1925008167538184574
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
rkgarimella ramakrishna @rkgarimella ·
21 May

.@AmitShahOffice @tv5newsnow @ravivallabha @bbcnewstelugu @ZeeTeluguLive @indialegalmedia @etvandhraprades @AdvocateAsr @SandeepPamarati @IncomeTaxMum @IncometaxKarGoa @DrSJaishankar @AshwiniUpadhyay @Luthra_Sidharth @DSGRAJU1 @tatinenis @SriKrishnaLavu @PurandeswariBJP @BjpVarma

Reply on Twitter 1925087977061154959 Retweet on Twitter 1925087977061154959 6 Like on Twitter 1925087977061154959 2 X 1925087977061154959
Load More

Recent Posts

  • Shivendra Pratap Singh Thakur Vs State of Chhattisgarh and Ors on 15 May 2024 May 13, 2025
  • Gurram Sitaramaiah Vs Gurram Siva Parvathi and Ors on 08 Jan 2024 May 3, 2025
  • Akkala Rami Reddy Vs State of AP and Anr on 30 Apr 2025 May 1, 2025
  • Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 April 18, 2025
  • Sanjay Kumar Shaw Vs Anjali Kumari Shaw on 07 Apr 2025 April 18, 2025

Most Read Posts

  • Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 (2,152 views)
  • Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 (1,526 views)
  • Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 (1,412 views)
  • Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 (1,267 views)
  • Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 (965 views)
  • Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 (844 views)
  • Ivan Rathinam Vs Milan Joseph on 28 Jan 2025 (815 views)
  • Sandeep Bhavan Pamarati Vs State of AP on 13 Nov 2024 (738 views)
  • State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024 (699 views)
  • Geetababi Khambra Vs State of MP and Anr on 9 Jan 2024 (663 views)

Tags

Reportable Judgement or Order (398)2-Judge (Division) Bench Decision (369)Landmark Case (366)Legal Procedure Explained - Interpretation of Statutes (365)1-Judge Bench Decision (288)Catena of Landmark Judgments Referred/Cited to (270)Work-In-Progress Article (217)3-Judge (Full) Bench Decision (96)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (77)Issued or Recommended Guidelines or Directions or Protocols to be followed (68)Perjury Under 340 CrPC (59)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (58)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (43)HM Act 13 - Divorce Granted to Husband (42)Not Authentic copy hence to be replaced (40)CrPC 482 - Quash (39)Divorce granted on Cruelty ground (37)Advocate Antics (36)

Categories

Supreme Court of India Judgment or Order or Notification (711)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (318)High Court of Andhra Pradesh Judgment or Order or Notification (177)High Court of Delhi Judgment or Order or Notification (141)High Court of Bombay Judgment or Order or Notification (105)High Court of Karnataka Judgment or Order or Notification (86)High Court of Madras Judgment or Order or Notification (65)General Study Material (55)High Court of Allahabad Judgment or Order or Notification (50)High Court of Punjab & Haryana Judgment or Order or Notification (50)Assorted Court Judgments or Orders or Notifications (49)Prakasam DV Cases (46)LLB Study Material (46)District or Sessions or Magistrate Court Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (39)High Court of Madhya Pradesh Judgment or Order or Notification (35)High Court of Gujarat Judgment or Order or Notification (27)High Court of Telangana Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (23)

Recent Comments

  • Risha Bhatnagar on Pitchika Lakshmi Vs Pichika Chenna Mallikaharjuana Rao on 24 Dec 2012
  • ShadesOfKnife on Index of all Summary Case Law Pages on Shades of Knife
  • kanwal Kishore Girdhar on Index of all Summary Case Law Pages on Shades of Knife
  • SUBHASH KUMAR BANSAL on Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • ULN (Ulaanbaatar) on 2025-06-04 June 4, 2025
    THIS IS A SCHEDULED EVENT Jun 4, 18:00 - 22:00 UTCMay 20, 05:00 UTCScheduled - We will be performing scheduled maintenance in ULN (Ulaanbaatar) datacenter on 2025-06-04 between 18:00 and 22:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • CRK (Tarlac City) on 2025-06-04 June 4, 2025
    THIS IS A SCHEDULED EVENT Jun 4, 18:00 - 22:00 UTCMay 19, 19:00 UTCScheduled - We will be performing scheduled maintenance in CRK (Tarlac City) datacenter on 2025-06-04 between 18:00 and 22:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • ULN (Ulaanbaatar) on 2025-06-04 June 4, 2025
    THIS IS A SCHEDULED EVENT Jun 4, 18:00 - 22:00 UTCMay 15, 21:00 UTCScheduled - We will be performing scheduled maintenance in ULN (Ulaanbaatar) datacenter on 2025-06-04 between 18:00 and 22:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 2607:f8b0:4864:20::442 | S May 22, 2025
    Event: Bad Event | Total: 322 | First: 2020-07-02 | Last: 2025-05-22
  • 106.75.16.164 | S May 22, 2025
    Event: Bad Event | Total: 1,178 | First: 2022-02-12 | Last: 2025-05-22
  • 83.168.69.153 | S May 22, 2025
    Event: Bad Event | Total: 10,428 | First: 2024-06-10 | Last: 2025-05-22
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 5822 access attempts in the last 7 days.

pixel