Mohammed Eliyaz Shariff v. Shafiya Begum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.1186 of 2020 and CRL.M.P.Nos.745 & 746 of 2020

1. Mr.Mohammed Eliyaz Shariff ..A1

2. Mr.Mohammed Kasim ..A2

3. Mrs.Zeenathunissa ..A3

4. Mrs.Aktharunissa ..A4

5. Mr.Ejaz ..A6

6. Mrs.Husna Begam ..A5

7. Mr.Mohinudeen ..A7 ... Petitioners Vs.

Mrs. Shafiya Begum

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records pertaining to the complaint in DVC.No.28 of 2019 on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai and quash the same. For Petitioners: Mr..S.Madhusudanan For Respondent : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in DVC.No.28 of 2019, filed by the respondent herein, pending on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai.

2.

The petitioners are in-laws of the respondent and the marriage between A1/Mohammed Eliyaz Shariff and the respondent Viz.,Shafiya Begum was solemnized on 06.09.2016. Thereafter, due to matrimonial disputes the respondent and her husband were living separately from the matrimonial home. Under this circumstance, the respondent herein filed a petition under Domestic Violence Act in D.V.C. No.28 of 2019 on the file of the learned XVI Metropolitan Magistrate, George

Town, Chennai and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said DVC.No.28 of 2019 is pending for trial. At this stage, the petitioners 2 to 7 herein who are the inlaws of the respondent pray to quash the proceedings in D.V.C.No.28 of 2019.

3.

Heard Mr.S.Madhusudanan, learned counsel for the petitioners. None appeared on behalf of the respondent. 4.

It is seen that the relief sought for by the respondent in the domestic violence case with regard to residential rights, compensation, etc., can be made and claimed as against her husband, who is already a party in that case. The petitioners 2 to 7 herein are only in-laws of the respondent and they are living separately. As such, the protection order sought for by the respondent herein in the domestic violence case against these petitioners/in-laws, based on the allegations, cannot be maintained, in view of the fact that the allegations of harassment meted out by the petitioners 2 to 7 against the respondent itself seems to be false. While that being so, there cannot be any act of any domestic violence as defined under Domestic Violence Act against these petitioners 2 to 7. In the absence of the same, the proceedings as against these petitioners 2 to 7 cannot be maintained and consequently, the petitioners 2 to 7 need not undergo the ordeal of facing a criminal trial. 5.

In view of the above, this Court is inclined to quash the proceedings in DVC.No.28 of 2019, on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai, insofar as these petitioners are concerned, on condition that, they shall ensure that the A1/husband of the respondent shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before 5th of every English Calendar month to the credit of DVC.No.28 of 2019, on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai, as ad-interim maintenance, without prejudice to both the parties, failing which this order shall stand automatically cancelled. On such deposit being made, the respondent is entitled to withdraw the same. 6.

Insofar as A1/husband of the respondent is concerned, since the impugned proceedings in DVC.No.28 of 2019 is pending from the year 2019 onwards, it would be appropriate to direct the trial Court to complete the trial within a period of six months from the date of receipt of copy of this order. A1/husband of the respondent is directed to appear before the trial Court on the next hearing date, failing which, the respondent is at liberty to approach this Court.

7.

In the result, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar dh To The XVI Metropolitan Magistrate, George Town, Chennai .

CRL.O.P.No.1186 of 2020 and CRL.M.P.Nos.745 & 746 of 2020 RJI A.SK(24/09/2020)