- (1.) Heard learned counsel for the applicants and learned A.G.A. for the State.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No. 76 of 2015 (Smt. Sonali Vs. Gaurav Khanna and others) under Section 12 of Protection of Women From Domestic Violence Act 2005, P.S. Pheel Khana, District Kanpur Nagar, pending in the Court of Additional Chief Judicial Magistrate, Court No. 3, Kanpur Nagar. Further prayer has been made to stay the further proceedings of the aforesaid case.
(3.) Submission of the learned counsel for the applicants is that complaint was filed beyond the prescribed period provided under Section 468 Cr.P.C. Cause of action is said to have been arisen on 5.1.2014 but the complaint was filed on 4.3.2015 after the expiry of one year. Maximum punishment provided for the offence committed under the Protection of Women From Domestic Violence Act is one year, hence, the complaint before the Court concerned cannot go on.;