Sivankutty & Ors. vs P. K Patra

ik-50492619 Delhi High Court 5 December 2024 • 14 min read

Judges (1)

Counsel (5)

Aadhyaa Khanna Counsel Respondent Prasanth K Counsel Petitioner Ruchir Batra Counsel Petitioner Shiv Chopra Counsel Respondent Siddharth Arora Counsel Respondent

Parties (2)

P. K Patra Respondent Sivankutty Petitioner

Case Significance

Sivankutty & Ors. vs P. K Patra is a Delhi High Court decision dated December 5, 2024 (citation: ik-50492619). The petitioners sought quashing of criminal complaint proceedings under Sections 323/324/341/452/506/34 IPC filed by the respondent before a Metropolitan Magistrate, arguing the complaint was barred by limitation as it was filed three years after the alleged incident. The Court held that limitation under Section 468 CrPC must be assessed based on the most severe offence charged — Section 452 IPC (7 years imprisonment) — for which no limitation period applies. The petition was dismissed, with The case was heard by Justice Manoj Kumar Ohri. Counsel appearing: Aadhyaa Khanna (counsel for respondent), Prasanth K (counsel for petitioner), Ruchir Batra (counsel for petitioner), Shiv Chopra (counsel for respondent), Siddharth Arora (counsel for respondent).

Summary

The petitioners sought quashing of criminal complaint proceedings under Sections 323/324/341/452/506/34 IPC filed by the respondent before a Metropolitan Magistrate, arguing the complaint was barred by limitation as it was filed three years after the alleged incident. The Court held that limitation under Section 468 CrPC must be assessed based on the most severe offence charged — Section 452 IPC (7 years imprisonment) — for which no limitation period applies. The petition was dismissed, with merits-related contentions left to be determined at trial.

What was the outcome of Sivankutty & Ors. vs P. K Patra?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-50492619)