Considering the submissions made by the learned counsel for the petitioners and on goi
ng through the complaint petition, it appears that explanation has been provided regarding is
delay in filing the complaint petition. Moreover, law is well settled that delay in lodging th
e complaint petition cannot be a ground for throwing out the entire prosecution case. At the a
ppropriate stage, the Court has to examine the explanation furnished by the prosecution for ex
plaining the delay and if the delay is found to be satisfactorily explained then the Court can
proceed in accordance with law. Moreover, it is case arises out of a matrimonial dispute, and
therefore, the complainant might be excepting settlement of the dispute and that may be the r
eason for delay in filing the complaint petition. Therefore, at this stage, on the ground of d
elay in lodging the complaint petition, the proceeding cannot be quashed. The decision cited b
y the learned counsel for the petitioners is not applicable to the present case as the factual
scenario is completely different.
