Mohammed Imran Sayeed v. Zakira Begum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.1953 of 2020 and CRL.M.P.Nos.1215 and 1216 of 2020 1.Mohammed Imran Sayeed, M/Aged 40 years, S/o.Late Abu Mohammed Sayeed.

2.Mrs.Najmunnisa, F/Aged 65 years, W/o.Late Abu Mohammed Sayeed.

3.Mr.Mohammed Shahid, M/Aged 38 years, S/o.Late Abu Mohammed Sayeed.

4.Mrs.Waseema Fathima, F/Aged 34 years, W/o.Mr.Mohammed Shahid.

All residing at:

No.8/10, Abdul Kareem Lane, Triplicane, Chennai - 600 005.

... Petitioners Vs.

Mrs.Zakira Begum, D/o.Mr.Fazlullah Sheriff, No.10, Mosque Street, Navalpur, Ranipet, Vellore District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records pertaining to D.V.C.No.10 of 2019, pending on the file of the District Munsif Cum Judicial Magistrate at Ranipet filed by the respondent and quash the same.

For Petitioners : No Appearance For Respondents : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in D.V.C.No.10 of 2019, filed by the respondent herein, pending on the file of the District Munsif Cum Judicial Magistrate at Ranipet.

2.

The petitioners are husband and in-laws of the respondent and the marriage between the 1st petitioner and the respondent Viz., Zakira Begum, was solemnized on 12.02.2012. 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.10 of 2019 on the file of the District Munsif Cum Judicial Magistrate at Ranipet and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said D.V.C.No.10 of 2019 is pending for trial. At this stage, the petitioners herein who are the husband and in-laws of the respondent pray to quash the proceedings in D.V.C.No.10 of 2019.

3.

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 and 3 are in-laws and the 4th petitioner is the wife of the 3rd petitioner of the respondent and both are living separately. As such, the protection order sought for by the respondent herein in the domestic violence case against the petitioners 2 to 4, based on the allegations, cannot be maintained, in view of the fact that the allegations of harassment meted out by the petitioners 2 to 4 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 the petitioners 2 to 4. In the absence of the same, the proceedings as against the petitioners 2 to 4 cannot be maintained and consequently, the petitioners 2 to 4 need not undergo the ordeal of facing a criminal trial. 4.

In view of the above, this Court is not inclined to quash the proceedings in D.V.C No.10 of 2019 in respect of the 1st petitioner and hence, the Criminal Original Petition is dismissed as against the 1st petitioner. However, this Court is inclined to quash the proceedings in D.V.C.No.10 of 2019, on the file of the District Munsif Cum Judicial Magistrate at Ranipet, insofar as the petitioners 2 to 4 are concerned, on condition that, she shall ensure that the 1st petitioner/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 D.V.C.No.10 of 2019, on the file of the District Munsif Cum Judicial Magistrate at Ranipet, 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.

5.

Insofar as the 1st petitioner/husband of the respondent is concerned, 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. The 1st petitioner/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. 6.

In the result, this Criminal Original Petition stands allowed insofar as the petitioners 2 to 4 are concerned. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar ub To 1.The District Munsif Cum Judicial Magistrate at Ranipet.

CRL.O.P.No.1953 of 2020 and CRL.M.P.Nos.1215 and 1216 of 2020 AJS(CO) CB(30/09/2020)