- (1.) Heard learned Counsel for the applicant, learned A.G.A. on behalf of the State and perused the material available on record. By means of this application under Section 482, Cr.P.C. the applicant has challenged the order dated 19.8.2004 passed in Case No. 351 of 2000 by learned Additional Chief Judicial Magistrate, Court No. 28, Lucknow, whereby the application of the applicant Parvez Khan, to treat the case as barred by time was rejected.
(2.) In brief the facts of this case are that the opposite party No. 3, Chanda Begum, was married with the applicant on 13.5.1990. Subsequently, demand of dowry was raised by the applicant and she was treated with cruelty. On 27.4.1992 she was badly beaten by the applicant regarding which the F.I.R. was lodged on 13.5.1992 and on 15.5.1997 she received a written divorce from her husband and since then she is living continuously with her parents. No maintenance amount was paid to her, therefore, she moved an application under Section 3 of The Muslim Women (Protection of Rights on Divorce) Act, 1986, for payment of Mehar and maintenance amount and for return of all her belongings. On this application no order was passed and the applicant after putting in his appearance moved an application under Section 468, Cr.P.C. and submitted that under Section 3(4) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, punishment provided, therefore, is only one year, hence, the application could not have been entertained by the Court after three years of the divorce as the same was barred by limitation.
(3.) Learned A.G.A. has supported the impugned order.;