Dr.S.Kathirvel, Aged 31 Years, v. Dr.R.Rajathi, Aged 30 Years,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.03.2019 Coram THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.25096 of 2016 and Crl.M.P.No.12177 of 2016

1. Dr.S.Kathirvel

2. Savundappan

3. Selvi

4. Soundararaj

5. Thangaraj ... Petitioners / Respondents 1 to 5 Vs.

Dr.R.Rajathi ... Respondent / Complainant Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the complaint in D.V.C.No.6 of 2016 pending on the file of the learned Judicial Magistrate Court No.2, Gobichettipalayam and quash the same by allowing this Criminal Original Petition. For Petitioners: Mr.N.Manokaran For Respondent : Mr.T.Murugamanickam

ORDER

This Criminal Original Petition has been filed seeking to quash the complaint in D.V.C.No.6 of 2016 pending on the file of the learned Judicial Magistrate Court No.2, Gobichettipalayam.

2. The 1st petitioner is the husband and the petitioners 2 to 5 are in-laws of the respondent. The marriage between the 1st petitioner and the respondent was solemnized on 29.06.2014 and thereafter, due to matrimonial disputes, the respondent and her husband/1st petitioner were living separately from the matrimonial home. Under this circumstance, the respondent herein

has lodged a complaint in D.V.C.No.6 of 2016 on the file of the learned Judicial Magistrate Court No.2, Gopichettipalayam 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.6 of 2016 is pending for trial. At this stage, the petitioners pray to quash the complaint in D.V.C.No.6 of 2016.

3. Heard Mr.N.Manokaran, learned counsel for the petitioners and Mr.T.Murugamanickam, learned counsel for 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 5 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 the petitioners 2 to 5, based on the allegations, cannot be maintained, in view of the fact that the allegations of harassment meted out by the petitioners 2 to 5 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 5. In the absence of the same, the proceedings as against the petitioners 2 to 5 cannot be maintained and consequently, the petitioners 2 to 5 need not undergo the ordeal of facing a criminal trial.

5. In view of the above, this Court is inclined to quash the complaint in D.V.C.No.6 of 2016 on the file of the learned Judicial Magistrate Court No.2, Gobichettipalayam, insofar as the petitioners 2 to 5 are concerned, on condition that they shall ensure that the 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.6 of 2016 on the file of the learned Judicial Magistrate Court No.2, Gobichettipalayam, 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 the husband of the respondent is concerned, since the impugned proceedings in D.V.C.No.6 of 2016 is pending from the year 2016 onwards, it would be appropriate to direct the trial Court to complete the trial within a period of three months from the date of receipt of a copy of this order. The 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 is allowed in respect of the petitioners 2 to 5. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar raja To 1.The Judicial Magistrate No.2, Gobichettipalayam.

2.-do- Thro' The Chief Judicial Magistrate, Erode.

+1cc to Mr.N.Manokaran, Advocate, S.R.No.23877 Crl.O.P.No.25096 of 2016 and Crl.M.P.No.12177 of 2016 SV(CO) RRS(25/04/2019)