An FIR registered for offenses punishable by a maximum of two years imprisonment is liable to be quashed if the charge sheet is not filed within the period of limitation prescribed under Section 468(2)(c) of the Code of Criminal Procedure.

ORDER

The present petition has been filed by A1 in crime No.62 of 2022, on the file of the first respondent police seeking to quash the FIR, wherein the petitioner is alleged to have committed offences under Sections 294(b), 323, 341 and 506(i) of IPC.

2. According to the learned Counsel appearing for the petitioner, the maximum punishment for an offence under Section 294(b) is imprisonment upto a period of three months. The punishment for an offence under Section 323 is an imprisonment upto a period of one year. The punishment for an offence under Section 341 is an imprisonment upto a period of one month. The punishment for an offence under Section 506(i) is an imprisonment upto a period of two years. According to him, since the date of filing of the present quash petition in the year 2026, the charge sheet has not been laid. He relied upon Section 468(2)(c) of Cr.P.C. and contends that the cognizance is barred by limitation.

3. Per contra, the learned Government Advocate(crl.side) for the first respondent submits that the investigation has been completed on 20.08.2022.

However, the charge sheet has not been filed as on today.

4.The learned Counsel appearing for the private respondent submits that it is the fault on the part of the prosecution in not filing the charge sheet in time and therefore, the quashing of the FIR would not arise on the said ground. 5. I have considered the submissions made on either side and perused the materials available on record.

6. As narrated above, the offences, namely, 294(b), 323, 341 and 506(i) of IPC would attract the maximum punishment upto a period of two years. The FIR has been registered on 15.02.2022, so far charge sheet has not been laid. In such circumstances, it is clear that the provisions of Section 468(2)(c) of Cr.P.C. get attracted and the trial Court could not take cognizance which is barred by limitation. In such circumstances, permitting the criminal investigation to continue further could only be an abuse of process of law.

7. In view of the above said facts, FIR in crime No.62 of 2022, on the file of the first respondent police is hereby quashed. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is also closed.