Indian Penal Code, 1860
Section 498A—Dowry harassment—Period of limitation—Limitation for offence punishable under Section 498A of the IPC shall commence from the last act of cruelty—Offence under Section 498A 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 498A does not continue for indefinite period—Such interpretation will render Section 468 of CrPC nugatory or otiose for the purpose of Section 498A of IPC which does not appear to be the intention of legislature—Had there been intention to exclude Section 498A of the IPC from the sweep of Section 468 of the CrPC express provision could have been made for the said purpose.
[Para 14]
Section 498A—Dowry harassment—Application to quash FIR—Applicants (second to fourth) are in-laws of second respondent—All the allegations in the FIR and other statements recorded under Section 161 of CrPC are against first applicant-husband—Only one omnibus statement in the FIR against them that they had demanded rupees two lakhs along with first applicant and had abused second respondent, beaten her and did not offer food to her in order to coerce and pressurize her to fulfill the demand—Such allegations are clearly general in nature and they are absolutely vague—Date, time or even tentative period of alleged wrong on their part is not mentioned—Allegation is clearly an attempt to implicate family members of the husband in matrimonial dispute inter-se between wife and husband—Allegation against these applicants is absolutely meaningless and on the basis of such allegation it will not be just and proper to force them to face the criminal prosecution—Application deserves to be allowed with respect to second to fourth applicants.
[Para 3]
Section 498A—Dowry harassment—Application to quash FIR—Ground of limitation—Limitation for offence punishable under Section 498A of the IPC shall commence from the last act of cruelty—But having regard to facts of the present case, i.e. allegation by wife regarding ill-treatment including abuses and physical act of beating on the part of the husband for demand of dowry, the Covid-19 situation and the principles laid down by the Apex Court, the case is made out for extension of time for taking cognizance of offence under Section 473 of the CrPC—It would be in the interest of justice that cognizance of the matter should be taken although the same is barred by limitation—Application dismissed.
[Para 15]