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Thota Saraswathi Swaraswathamma vs Thota Venkata Padmavathi on 4 September, 2020 cites

Arun Vyas & Anr vs Anita Vyas on 14 May, 1999

8. On the point of limitation, we are of the view that the prosecution cannot be nullified at the very threshold on the ground that the prescribed period of limitation had expired. According to the learned counsel for the appellants, the alleged acts of cruelty giving rise to the offence under Section 498-A ceased on the exit of the informant from the matrimonial home on 2.10.1997 and no further acts of cruelty continued thereafter. The outer limit of time for taking cognizance would therefore be 3.10.2000, it is contended. However, at this juncture, we may clarify that there is an allegation in the F.I.R. that on 13.10.1998/14.10.1998, when the informant's close relations met her in-laws at a hotel in Chennai, they made it clear that she will not be allowed to live with her husband in Mumbai unless she brought the demanded money and jewellery. Even going by this statement, the taking of cognizance on 13.2.2002 pursuant to the charge-sheet filed on 28.12.2001 would be beyond the period of limitation. The commencement of limitation could be taken as 2.10.1997 or at most 14.10.1998. As pointed out by this Court in Arun Vyas v. Anita Vyas, [(1999) 4 SCC 690 : 1999 SCC (Cri) 629], the last act of cruelty would be the starting point of limitation. The three year period as per Section 468(2)(c) would expire by 14.10.2001 even if the latter date is taken into account. But that is not the 7 end of the matter. We have to still consider whether the benefit of extended period of limitation could be given to the informant. True, the learned Magistrate should have paused to consider the question of limitation before taking congnizance and he should have addressed himself to the question whether there were grounds to extend the period of limitation. On account of failure to do so, we would have, in the normal course, quashed the order of the Magistrate taking cognizance and directed him to consider the question of applicability of Section 473. However, having regard to the facts and circumstances of the case, we are not inclined to exercise our jurisdiction under Article 136 of the Constitution to remit the matter to the trial Court for taking a decision on this aspect. The fact remains that the complaint was lodged on 23.6.1999, that is to say, much before the expiry of the period of limitation and the F.I.R. was registered by the All Women Police Station, Tiruchirapalli on that day. A copy of the F.I.R. was sent to the Magistrate's Court on the next day, i.e., on 24.6.1999. However, the process of investigation and filling of charge-sheet took its own time. The process of taking cognizance was consequentially delayed. There is also the further fact that the appellants filed Writ Petition (Crl.) No. 1719/2000 in the Bombay High Court for quashing the F.I.R. or in the alternative to direct its transfer to Mumbai. We are told that the High Court granted an ex parte interim stay. On 20.8.2001, the writ petition was permitted to be withdrawn with liberty to file a fresh petition. The charge-sheet was filed four months thereafter. It is in this background that the delay has to be viewed.
Supreme Court of India Cites 15 - Cited by 122 - S S Quadri - Full Document

Geeta Mehrotra & Anr vs State Of U.P. & Anr on 17 October, 2012

24. However, we deem it appropriate to add by way of caution that we may not be misunderstood so as to infer that even if there are allegations of overt act indicating the complicity of the members of the family named in the FIR in a given case, cognizance would be unjustified but what we wish to emphasize by highlighting is that, if the FIR as it stands does not disclose specific allegation against accused more so against the co-accused specially in a matter arising out of matrimonial bickering, it would be clear abuse of the legal and judicial process to mechanically send the named accused in the FIR to undergo the trial unless of course the FIR discloses specific allegations which would persuade the Court to take cognizance of the offence alleged against the relatives of the 1 2013 (1) SCC (Cri) 120 4 main accused who are prima facie not found to have indulged in physical and mental torture of the complainant-wife. It is the well settled principle laid down in cases too numerous to mention, that if the FIR did not disclose the commission of an offence, the court would be justified in quashing the proceedings preventing the abuse of the process of law.
Supreme Court of India Cites 15 - Cited by 1248 - G S Misra - Full Document
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