ORDER :

1. The petitioners have filed present petition under Section 482 of the Cr.P.C. against order dated 02.02.2021 passed by Judicial Magistrate First Class, Dharamjaigarh, District-Raigarh (C.G.), for quashing of the complaint filed by respondent under Section 12 of Protection of Woman From Domestic Violence Act, 2005 (for short “the Act, 2005”) , who is wife of petitioner No.1.

2. The brief facts as projected by the petitioners are that petitioner No. 1 and the respondent is husband and wife and her marriage was solemnized as per Muslim Law on 22.01.2015. The petitioners have harassed her and committed cruelty against the respondent, therefore, she has filed a complaint under Section 498A of I.P.C. before learned Judicial Magistrate First Class, Dharamjaigarh, District-Raigarh (C.G.) which is pending consideration, thereafter, she filed application under Section 125 of the Cr.P.C. for grant of maintenance and after that she filed complaint on 27.10.2018 against the petitioners under Section 12 of the Act, 2005. On 27.10.2018, she has filed the complaint stating that she has been suffering of domestic violence by the petitioners and prayed for restraining petitioners from repetition of domestic violence. She has also claimed that she may be allowed to enter into house where she was residing at her matrimonial house as per Section 19 of the Act. The respondent has also filed for monetary relief under Section 20 of the Act, 2005. The respondent has claimed custody of child as per Section 21 of the Act, 2005. She has also claimed compensation under Section 22 of the Act, 2005.

3. The learned Judicial Magistrate First Class taking cognizance on the complaint, has issued notice to the petitioners. The petitioners have filed an application under Section 203 of the Cr.P.C. for dismissal of the complaint as it is barred by limitation mainly contending that the respondent has deserted matrimonial house of the petitioners on 04.04.2017, whereas she has filed present complaint on 27.10.2018 i.e. after lapse of one year and six months, therefore, it is barred by limitation as per Section 468 of the Cr.P.C.

4. It is contended by learned counsel for the petitioners that after expiry of one year, the complaint will be barred by limitation as per Section 31 of the Act, 2005. If an offence under this Act is committed and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. The limitation for filing complaint is one year whereas present complaint has been filed after one year, therefore, it is delayed and the same is liable to be dismissed on this count alone.

5. The respondent replied to the application contending that as per Section 4 of the Act, 2005, it is continued cause of action, therefore, Section 468 of the Cr.P.C. is not applicable and the application has been filed to prolong the matter with ulterior motive and prayed for rejection of the application. The learned Judicial Magistrate First Class, Dharamjaigarh vide its order dated 02.02.2021 dismissed the objection raised by the petitioners observing that it is continued cause of action. Relying on the judgment of various High Court, the trial court recorded finding that it is continued cause of action, therefore, the application is within limitation and the objection raised by the petitioners is decided on merits and is rejected. This order as well as cognizance of the offence were challenged by the petitioners before this Court by filing the present petition.

6. Learned counsel for the petitioners relies upon the judgment of the Supreme Court in Inderjit Singh Grewal Vs. State of Punjab & another, (2011) 12 SCC 588, and submits that as per this judgment, the trial court has committed irregularity and illegality in passing the impugned order, which is liable to be quashed by this Court exercising inherent power under Section 482 of Cr.P.C.

7. Before adverting to the ca