Sebastian Jeronimo Pereira & Anr. vs Alisha David

Headnote AI-drafted · Reviewed and approved

The Petitioners filed petitions under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of a complaint filed by the Respondent-wife under Section 12(1) read with Sections 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005, as well as a complaint under Section 498A of the Indian Penal Code, 1860. The Petitioner No.1 and the Respondent had married on 21.01.2015 under the Special Marriage Act, 1954, and from their wedlock one son was born. The marriage was marred by frequent quarrels, the Respondent's repeated desertions, and disputes over custody of the child, which had been resolved by Consent Terms dated 28.03.2019 placing the child in the custody of Petitioner No.1.

The Petitioners contended that the complaint under the DV Act was filed on 22.12.2020, more than 2½ years after the alleged acts of domestic violence, and was therefore barred by limitation under Section 468 of Cr.P.C. It was further urged that the complaint was a malicious counterblast to the Petitioner's application for restoration of custody of the child and the contempt petition filed against the Respondent for violating the Consent Terms. The Respondent had taken the child to Delhi on 01.10.2020 without the Petitioner's knowledge, prompting the Petitioner to file a missing person complaint and an application before the Family Court Mumbai for restoration of custody, which was eventually allowed on 11.01.2021.

Reliance was placed on the Supreme Court's decision in Inderjit Singh Grewal vs. State of Punjab, (2011) 12 SCC 588, in support of the contention that a complaint under Section 12 of the DV Act filed beyond the limitation period prescribed under Section 468 Cr.P.C. is not maintainable. The Petitioners also highlighted the hardship caused to Petitioner No.2, an aged lady of 70 years suffering from asthma, by requiring her to appear before the learned Metropolitan Magistrate in Delhi.

Catchwords: Protection of Women from Domestic Violence Act · quashing of complaint · Section 482 Cr.P.C. · limitation · Section 468 Cr.P.C. · domestic violence · custody of child · counterblast complaint · Section 498A IPC · Special Marriage Act · consent terms · abuse of process

Quashing of FIR (Section 482 CrPC / 528 BNSS) Cruelty and Section 498A IPC / 85 BNS Guardianship, custody and visitation