A single bench of Justice Sanjay Dhar has held that an application under Section 12 of DV Act Cannot be Barred by Limitation in terms of Sec 468 CrPC As the Same Cannot be Equated With Lodging A Criminal Complaint or Initiation of Criminal Prosecution.

The petitioner had thrown a challenge to the proceedings initiated against him by the Court of ASMM Ganderbal on the basis of a complaint under Sec 12 of Domestic Violence Act on the grounds that as the respondent was getting interim maintenance in terms of Section 125 CrPC and that the petition under Section 12 of the D.V.Act filed by the respondents against the petitioner is barred by limitation in terms of Sec 468 CrPC.

 The court While relying upon the Judgment of Supreme Court in the case of “Kamatchi v. Lakshmi Narayanan, Criminal Appeal No.627 of 2022 decided on 13.04.2022 wherein it is held that the scope of notice under Section 12 of the D.V.Act, is to call for a response of respondents in terms of the statute so that after considering rival submissions appropriate order can be passed. The Supreme Court in the case has further held that the legal position, that a criminal court cannot review its own order, would not get attracted at a stage when the notice is issued under Section 12 of the Act. 

The court held that a petition under Section 12 of the D.V.Act cannot be equated with lodging of criminal complaint or initiation of criminal prosecution. The court further held that it is not necessary that application under Section 12 of the Act ought to be filed within a period of one year when the alleged acts of domestic violence have taken place.

Accordingly the petition was dismissed.