- (1.) The petitioners seek to quash the order dated 7.3.1995 of learned Judicial Magistrate No. 1, South Kota whereby the cognizance under sections 498-A and 406 IPC was taken against the petitioners. The main contention of petitioners is that no case under sections 498-A and 406 is made out and the order of taking cognizance is barred by limitation. Reliance is placed on B.S. Joshi and Ors. v. State of Haryana and Anr., Judgment Today 2003(3) SC 277.
(2.) Having heard the submissions advanced before me and on careful scrutiny of the material on record I find no merit in the instant petition. It is well to remember that matrimonial offences, relating to cruelty of husband, on wife, are in the nature of continuing offences, to which bar of Section 468 Cr.P.C. cannot be applied. In B.S. Joshi and Ors. v. State of Haryana and Anr. (supra) it was indicated by the Hon'ble Apex Court that exercise of powers under Section 482 Cr.P.C. would depend upon the facts and circumstances of each case but with sole purpose to prevent abuse of the process of any Court or to secure the ends of justice. As these powers have no limit it becomes necessary to exercise utmost care and caution while invoking such powers. I do not see any force in this contention that no prima facie case is made out against the petitioners. It cannot be inferred that the proceedings have been initiated illegally vexatiously or without jurisdiction.
(3.) For these reasons, the Misc. Petition being devoid of merits stands dismissed. The petitioners are directed to appear before the trial Court on 23.2.2004. Record be sent back forthwith. Petition dismissed.;