The offence under Section 498-A IPC is a continuing offence, allowing limitation to commence from the last act of cruelty, and can be extended in the interest of justice.

JUDGMENT :

ROHIT W. JOSHI, J.

1. The applicants in the present matter have approached this Court invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure (for short, “Cr.P.C.”) initially praying to quash the First Information Report No.0005 of 2023 dated 6.1.2023 registered against them with police station Killari, District Latur and by way of amendment for quashing the proceeding bearing Regular Criminal Case No. 46 of 2023 pending before the learned Judicial Magistrate First Class Ausa, District Latur for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code (for short, “IPC”). The informant is respondent No.2. The applicants are related to respondent No.2 as under :-

Applicant No.1 is husband, applicant No.2 is father-in-law, applicant No.3 is brother-in-law and applicant No.4- is sister-in-law. Marriage of respondent No.2 with applicant No.1 was solemnized somewhere in the year 2011. The couple is blessed with two children from the wedlock. As per the version of respondent No.2, in the First Information Report, for a period of around three years after the marriage till the birth of their girl child, the relations were cordial as in any normal family. She claims that thereafter applicant No.1- husband started raising doubt about her character. She alleges that applicant No.1 used to beat her under influence of liquor and also that he would insist upon her to get a sum of Rs. 2,00,000/- from her parents for the purpose of purchasing tools and apparatus for starting plumbing business. It is alleged that in view of the said harassment and ill-treatment her parents and relatives had been to her matrimonial home to make her husband and in-laws understand that they should treat respondent No.2 properly and live happily. It is stated that three to four months after the said meeting, the behavior of in-laws was good and she was treated well. She, however, alleges that after the said period, the applicant nos.1 to 4 again started ill- treatment and asked her to bring Rs. 2,00,000/- from her parents for the aforesaid purpose. Respondent No.2 alleges that on 20.10.2019, when she was at her parental house, applicant No.1 came there under influence of liquor and again started beating and abusing her and had demanded Rs. 2,00,000/-. She alleges that when her parents had intervened he threatened that he would kill her if she does not bring the amount from her parents and further that he would not cohabit with her unless she brings the said amount of Rs. 2,00,000/-. She has further stated in the First Information Report that since her husband did not take her back from her parental home, she was constrained to lodge complaint with the Women Grievance Redressal Cell, Latur against all the applicants and since the applicants did not come forward for reconciliation, she had lodged the First InformationReport. The complaint before Women Grievance Redressal Cell is stated to be made on 11.11.2022. The First Information Report is lodged on 06.01.2023. As per the First Information Report, the last wrongful act is dated 20.10.2019. Drawing our attention to these dates, the learned Advocate for the applicants Mr. Gaurav Deshpande contends that the First Information Report deserves to be quashed on the ground that it is filed beyond the prescribed period of limitation. He thereafter contends that even on merits, respondent No.2 has failed to make out any case, the allegations are vague, general and omnibus in nature. He states that the marriage has been solemnized in the year 2011. Respondent No.2 has two children from the marriage and all of a sudden, has lodged First Information Report on 06.01.2023. He claims that, respondent No.2 has taken resort to criminal proceedings in order to settle matrimonial dispute with applicant No.1.

2. Learned A.P.P. Shri. G.A. Kulkarni, has strenuously argued that the offence under Section 498-A of IPC is a continuing offence and therefore, t