C.Shanmugam Achari v. Shalini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6513 of 2019 and Crl.M.P.No.3603 of 2019 1.C.Shanmugam Achari 2.Vijayakumari 3.Narmadha ... Petitioners Vs.

Shalini

...Respondent

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records of the case in D.V.C.No.2 of 2018 on the file of Judicial Magistrate No.1, Villupuram and quash the same in so far the petitioners are concerned.

For Petitioners: Mr.S.V.Karthikeyan For Respondent : Mr.R.Srinivas

O R D E R

This petition has been filed to call for the records of the case in D.V.C.No.2 of 2018 on the file of Judicial Magistrate No.1, Villupuram and quash the same in so far the petitioners are concerned.

2.The petitioners are in-laws and the marriage between S.Gopinath and Shalini/respondent was solemnized on 20.05.2015. Thereafter, due to matrimonial disputes the respondent and her husband were living separately from the matrimonial home. Under these circumstances, the respondent herein filed a petition under Domestic Violence Act in D.V.C.No.2 of 2018 on the file of

the Judicial Magistrate No.1, Villupuram, 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.2 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.C.No.2 of 2018. 3.Heard the learned counsel for the petitioner and the 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 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 & 2/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 petitioners. In the absence of the same, the proceedings as against petitioners cannot be maintained and consequently, 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 DVC.No.2 of 2018, on the file of the Judicial Magistrate No.1, Villupuram, insofar as petitioners are allowed, on condition that, they shall ensure that 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 DVC.No.2 of 2018, on the file of the Judicial Magistrate No.1, Villupuram, 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 the respondent is concerned, since the impugned proceedings in DVC.No.2 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 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(AD IV) //True Copy// Sub Assistant Registrar rna To 1.The Judicial Magistrate No.1, Villupuram.

2.-Do- Thro The Chief Judicial Magistrate, Villupuram.

+1cc to Mr.S.V.Karthikeyan, Advocate Sr.40730 +1cc to Mr.R.Srinivas, Advocate Sr.41347 Crl.O.P.No.6513 of 2019 and Crl.M.P.No.3603 of 2019 ln[co] srg 30/05/2019