A complaint under Section 498-A IPC is barred by limitation under Section 468 Cr.P.C. if filed after the prescribed period and the parties have been living separately without specific evidence of continuing cruelty.

COMMON ORDER:

The petitioners, who are accused in the same calendar case, have filed these petitions seeking analogous relief. Both petitions were heard together and are being disposed of by this common order.

2. This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking quashment of the proceedings in C.C. No. 215 of 2024 on the file of the Principal Judicial First Class Magistrate at Shadnagar.

3. The petitioners are Accused Nos. 2 and 3, charged with offences punishable under Sections 498-A read with 34 of IPC.

Crl.P. No. 7362 of 2024

4. This Criminal Petition is also filed under Section 528 of the BNSS, seeking quashment of the proceedings in C.C. No. 215 of 2024 on the file of the Principal Judicial First Class Magistrate at Shadnagar.

5. The petitioner herein is Accused No. 1, charged with offences under Sections 498-A read with 34 of IPC.

6. Heard Mr. M.S. Prasad, learned Senior Counsel appearing on behalf of Mr. B. Karthik Narayan, learned counsel for the petitioners, and Mr. M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing for respondent No. 1-State.

7.1. Briefly stated, the relevant facts are as follows: the marriage between Accused No. 1 and Respondent No. 2 was solemnized in the year 2007, and a daughter was born out of the wedlock. Due to matrimonial disputes, the parties have been living separately since 2019. Respondent No. 2 is residing at Kanha Shanti Vanam along with the child. Accused Nos. 2 and 3, who are the parents of Accused No. 1, are aged about 81 and 74 years respectively and are residents of Gurgaon, Haryana. It is alleged that, following attempts by Accused No. 1 to exercise visitation rights pursuant to a court order, Respondent No. 2 lodged a report on 29.04.2023 alleging instances of mental and physical harassment. She further alleged that she was assaulted and attempts were made to drive her out of the matrimonial home by lodging false complaints. Consequently, she left the matrimonial home and took shelter at Meera Shanti Vanam Ashram, Nandigama.

7.2. It is further alleged that on 22.04.2023, Accused No. 1 came to the Ashram, created a nuisance, mentally harassed Respondent No. 2, damaged her reputation in public, and attempted to take away the minor child. It is contended that he repeatedly misused legal processes to harass and humiliate her. Based on these allegations, a report was lodged, resulting in registration of Crime No. 80 of 2023 under Section 498-A read with 34 IPC.

8. Learned counsel for the petitioners contends that the complaint is barred by limitation under Section 468 of the Cr.P.C., as it was filed after an unexplained delay of four years from the alleged inception of the cause of action. It is further contended that the allegations are vague and omnibus in nature, lacking specific instances of continuing cruelty. It is also submitted that Accused Nos. 2 and 3 are elderly parents residing separately and have been falsely implicated. The material collected during investigation, including witness statements, does not disclose any recent acts of harassment. It is further argued that the complaint has been filed with mala fide intent, particularly in response to the petitioner's attempt to secure visitation rights, thereby constituting an abuse of process of law.

9. Per contra, learned counsel for Respondent No. 2 submits that the