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VIBHA KANKANWADI, ROHIT W. JOSHI
Musin Babulal Thengade – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Rohit W. Joshi, J.—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 re
(1) Limitation – Prosecution cannot be nullified at the threshold on the ground of limitation and normally the matter should be left to the discretion of the learned trial Court to decide as to wheth....
The limitation for prosecuting under Section 498-A IPC starts from the last act of cruelty, and vague allegations against in-laws do not justify prosecution.
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.
Where part of overt acts, or at least one instance among overt acts alleged to be committed in India, sanction under Section 188 of Cr.P.C. is not necessary in such cases.
Cognizance of offences under Section 498A IPC is barred by limitation if allegations are not continuous; sanction under Section 188 Cr.P.C. is required only if the offence is committed entirely outsi....
Vague allegations of cruelty under Section 498A IPC cannot sustain a case, especially post-dissolution of marriage, emphasizing the need for specific material particulars.
The court affirmed that jurisdiction for criminal proceedings can extend beyond the locality of the offense if the offense is continuing or has consequences in another jurisdiction.
The period of limitation for taking cognizance of an offence is computed from the date of the offence until the date of filing the charge-sheet or complaint. Cognizance taken after the expiry of this....
Cognizance of offence – Cognizance’ ought to be taken within specified period from commission of offence but complainant should not be put to prejudice, if for reasons beyond control of prosecuting a....
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