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Madras High CourtCRL OP/8207/2018dismissed

Senthamarai, Aged 64 Years, v. Parimala Aged 21 Years,

2020-07-16Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.07.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8207 of 2018 and Crl.M.P.Nos.4218 and 4219 of 2018

1. Senthamarai, (M/64), S/o. Elumalai,

2. Radha, (F/55), W/o. Senthamarai,

3. Devan, (M/33), S/o. Senthamarai

4. Ajith, (M/28), S/o. Senthamarai ... Petitioners Vs Parimala, (F/21), W/o. Thulasiraman ... Respondent/Petitioner PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records of the D.V.C.No.14 of 2016 pending on the file of the Judicial Magistrate, Gudiyatham, Vellore District and quash the same as against the petitioners. For Petitioners : Mr. Karan and Uday For Respondent : No appearance

ORDER

This Petition has been filed to call for the records of the D.V.C.No.14 of 2016 pending on the file of the Judicial Magistrate, Gudiyatham, Vellore District and quash the same as against the petitioners.

2.

The petitioners are in-laws of the respondent and the marriage between S. Thulasiraman and the respondent Viz.,Parimala was solemnized on 27.11.2014. 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.14 of 2016 on the file of the Judicial Magistrate, Gudiyatham, Vellore District and implicated the petitioners and her husband as parties to the petition and sought action as against them under Domestic Violence Act. The said D.V.C.No.14 of 2016 is pending for trial. At this stage, the petitioners herein who are the in-laws of the respondent pray to quash the proceedings in D.V.C.No.14 of 2016. 3.

Heard Mr. Karan and Uday, the learned counsel for the petitioners.

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 1 to 4 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 1 to 4 /in-laws, based on the allegations, cannot be maintained, in view of the fact that the allegations of harassment meted out by the petitioners 1 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 these petitioners 1 to 4. In the absence of the same, the proceedings as against these petitioners 1 to 4 cannot be maintained and consequently, the petitioners 1 to 4 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 D.V.C.No.14 of 2016, on the file of the Judicial Magistrate, Gudiyatham, Vellore District, insofar as these petitioners 1 to 4 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) per month on or before 5th of every English Calendar month to the credit of D.V.C.No14 of 2016, on the file of the Judicial Magistrate, Gudiyatham, Vellore District, 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.14 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 six months from the date of receipt of 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 stands allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(ADI MDU) //True copy// Sub Assistant Registrar SSI To

1. The Judicial Magistrate, Gudiyatham, Vellore District.

2. The Chief Judicial Magistrate, Gudiyatham, Vellore District.

Crl.O.P.No.8207 of 2018 and Crl.M.P.Nos.4218 and 4219 of 2018 PP(CO) GMY(10/09/2020)