M.Pavalakkodi v. V.Sathya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.3872 of 2019 and CRL.M.P.No.2396 of 2019 1.M.Pavalakkodi 2.M.Aravindan 3.A.Sooryakala 4.Mani ... Petitioners Vs.

V.Sathya ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records pertaining to D.V.O.P.No.01 of 2018 pending on the file of the Judicial Magistrate, Omalur and to quash the same as illegal, incompetent and without jurisdiction in so far as the petitioners are concerned by allowing the present criminal Original Petition. For Petitioners : Mr.A.M.Esakkiappan For Respondent : Mr.R.Murugabarathi

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in D.V.O.P. No.01 of 2018 filed by the respondent pending on the file of the Judicial Magistrate, Omalur 2.

The petitioners are in-laws of the respondent and the marriage between first petitioners son M.Balasubramani and the respondent Viz.,V.Sathya was solemnized on 09.06.2016. 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.O.P. No.01 of 2018 on the file of the Judicial Magistrate, Omalur and implicated the petitioners as party to the petition and sought action as against them under Domestic Violence Act. The said D.V.O.P. No.01 of 2018 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.O.P. No.01 of 2018.

3.

Heard Mr.A.M.Esakkiappan, learned counsel for the petitioners and Mr.R.Murugabarathi, learned counsel appearing 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 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 the petitioners. In the absence of the same, the proceedings as against the 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 D.V.O.P.No.01 of 2018, on the file of the Judicial Magistrate Omalur, insofar as the petitioners 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.O.P.No.01 of 2018, on the file of the Judicial Magistrate Omalur, as ad-interim maintenance, without prejudice to both the parties, failing which this order shall sand automatically cancelled. On such deposit being made, the respondent is entitled to withdraw the same.

6.

Insofar as husband of the respondent is concerned, since the impugned proceedings in D.V.O.P. No.01 of 2018 is pending from the year 2018 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 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 petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsn

To 1.The Judicial Magistrate, Omalur.

2.The Chief Judicial Magistrate, Salem.

+1cc to Mr.A.M.Esakkiappan, Advocate, S.R.No.39666 CRL.O.P.No.3872 of 2019 and CRL.M.P.No.2396 of 2019 NMT (CO) vkr(21/05/2019)