Case Note & Summary
The appellant, Kamatchi, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (the Act) against her husband Lakshmi Narayanan, father-in-law, and sister-in-law, alleging domestic violence incidents from 2007 to 2018. The Protection Officer's report listed multiple incidents of physical, verbal, and sexual violence. The husband filed a petition under Section 482 CrPC seeking quashing of the proceedings, which was allowed by the Madras High Court on the ground of limitation, holding that the application ought to have been filed within one year of the last incident (2008). The Supreme Court, in appeal, examined whether the limitation under Section 468 CrPC applies to applications under Section 12 of the Act. The Court noted that Section 12 applications are not complaints for offences but seek civil reliefs such as protection orders. The Act does not prescribe any limitation period for filing such applications. The breach of a protection order is separately punishable under Section 31, which would attract limitation. The High Court's reliance on Inderjit Singh Grewal was misplaced as that case dealt with a different context. The Supreme Court held that the application was not barred by limitation and set aside the High Court's order quashing proceedings against the husband. The matter was remitted to the trial court to proceed expeditiously, preferably within six months. The appeal was allowed.
Headnote
A) Criminal Procedure Code - Limitation - Applicability to Domestic Violence Act - Section 468 CrPC - The limitation under Section 468 CrPC applies only to offences, not to applications under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The High Court erred in applying the one-year limitation period to the application, as the Act does not prescribe any limitation for filing such an application. (Paras 10-12) B) Protection of Women from Domestic Violence Act, 2005 - Application under Section 12 - Nature of Proceedings - Sections 12, 28, 31, 32 - An application under Section 12 is not a complaint for an offence but a civil remedy seeking protection orders. The breach of such orders is separately punishable under Section 31. Therefore, the limitation under Section 468 CrPC does not apply to the filing of the application itself. (Paras 10-12) C) Protection of Women from Domestic Violence Act, 2005 - Quashing of Proceedings - Abuse of Process - Section 482 CrPC - The High Court quashed proceedings against the husband on the ground of limitation, but the Supreme Court held that the application was not barred by limitation. The matter was remitted to the trial court for expeditious disposal. (Paras 12-13)
Issue of Consideration
Whether the High Court was justified in quashing proceedings under the Protection of Women from Domestic Violence Act, 2005 on the ground of limitation, i.e., that the application under Section 12 was filed beyond one year from the alleged incidents of domestic violence.
Final Decision
Appeal allowed. Impugned order of High Court quashing proceedings against respondent-husband is set aside. Trial court directed to proceed with D.V.C. No.21 of 2018 expeditiously, preferably within six months.
Law Points
- Limitation under Section 468 CrPC applies to offences
- not to applications under Section 12 of the Domestic Violence Act
- 2005
- Application under Section 12 is not a complaint for an offence
- Breach of protection order under Section 31 is a separate offence
- No limitation period prescribed for filing application under Section 12
- High Court's reliance on Inderjit Singh Grewal was misplaced.
