Limitation is one year for filed the Domestic Violence Complaint from the date of alleged cause of action- Karnataka High Court

IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 05
TH
DAY OF APRIL, 2013
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.2419 of 2009
BETWEEN:
J. Srinivas,
Son of Sri. Jayachandra,
Aged about 32 years,
Residing at No.LIG-71,
II Stage, K.H.B. Colony,
Kuvempunagar,
Mysore.
…PETITIONER
(By Shri. Kalyan .R, Advocate)
AND:
G. Dhanalakshmi,
Daughter of Govindaswamy,
Aged about 27 years,
No.11, Amman Illam,
T.C. Palaya Cross,
Virgonagar,
Bangalore – 560 049.
…RESPONDENT
(By Shri. Rajendra C. Desai, Advocate [absent] )
2
This Criminal Petition is filed under Section 482
code of
Criminal Procedure, 1973, praying to quash the enti
re
proceeding in Crl.Mis.No.139/2009 on the file of th
e
Metropolitan Magistrate (Traffic Court-1) Bangalore
.
This petition is coming on for Hearing this day, t
he court
made the following:
O R D E R
Heard the counsel for the petitioner. T
he counsel for the
respondent remains absent.
2. The brief facts are as follows:-
An application under Section 12 of the Pr
otection of
Women from Domestic Violence Act, 2005 (Hereinafter
referred to as the ‘2005 Act’, for brevity), was fi
led on
16.2.2009 against the petitioner and a case was reg
istered by the
court of the Metropolitan Magistrate (Traffic Court
-1),
Bangalore, in Crime No.139/2009. The allegations w
ere that
the marriage of the respondent and the petitioner w
as