Mrs. Venkata Subbamma A/67 Yrs v. T.Sridevi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.5464 of 2018 and CRL.M.P.No.2680 & 2681 of 2018 1.Venkata Subbamma 2.T.Vijaya ... Petitioners/Respondents 4 and 5 Vs.

T.Sridevi

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records in Crl.M.P.No.2280 of 2017 on the file of the Judicial Magistrate Court No.II, Poonemallee and quash the same.

For Petitioners: Mr.M.L.Ramesh For Respondent : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crl.M.P.No.2280 of 2017, filed by the respondent herein, pending on the file of the Judicial Magistrate Court No.II, Poonemallee.

2.The petitioners are in-laws of the respondent and the marriage between A1/Chandrasekhar and the respondent Viz., Sridevi was solemnized on 15.08.1991. 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 Crl.M.P.No.2280 of 2017 on the file of the Judicial Magistrate Court No.II, Poonemallee and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said Crl.M.P.2280 of 2017 is pending for trial. At this stage, the petitioners herein who are the in-laws of the respondent pray to quash the proceedings in Crl.M.P.No.2280 of 2017.

3.Heard Mr.M.L.Ramesh, learned counsel for the petitioners. Though notice was served on the respondent, there is no representation on behalf of the respondent either in person or through her counsel.

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 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 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. In the absence of the same, the proceedings as against these petitioners cannot be maintained and consequently, the petitioners 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 Crl.M.P.No.2280 of 2017, on the file of the Judicial Magistrate Court No.II, Ponnamallee, 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 Crl.M.P.No.2280 of 2017, on the file of the Judicial Magistrate Court No.II, Ponnamallee, 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 Crl.M.P.No.2280 of 2017 is pending, 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 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-III) //True Copy// Sub Assistant Registrar at/raja

To 1.The Judicial Magistrate No.II, Ponnamallee.

2.Do Thro Chief Judicial Magistrate, Tiruvallur.

+1cc to Mr.M.L.Ramesh, Advocate, S.R.No. 18663 CRL.O.P.No.5464 of 2018 and CRL.M.P.No.2680 & 2681 of 2018 LN(CO) GN(01/04/2019)