Navaneetham v. S.Suganthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7177 of 2019 and Crl.M.P.No.3952 of 2019 1.Navaneetham 2.Kumutha 3.Gnanapragasam ... Petitioners/Respondents 2 to Vs.

S.Suganthi

...Respondent/Complainant

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pending on the file of the learned Judicial Magistrate, Chengam, Thiruvannamalai District in C.C.No.29 of 2014 and quash the criminal proceeding. For Petitioners : Mr.E.Kannadasan For Respondent : Mr.T.Panchatsaram

ORDER

This petition has been filed to call for the records pending on the file of the learned Judicial Magistrate, Chengam, Thiruvannamalai District in C.C.No.29 of 2014 and quash the criminal proceeding.

2.The petitioners are in-laws and the marriage between Sampath Kumar/1st petitioner's son and S.Suganthi/respondent was solemnized on 11.09.2008. 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 C.C.No.29 of 2014 on the file of the learned Judicial Magistrate, Chengam, Thiruvannamalai 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 C.C.No.29 of 2014 is pending for trial. At this stage, the petitioners herein who are the in-laws of the respondent pray to quash the proceedings in C.C.No.29 of 2014.

3.Heard the learned counsel for the petitioners 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/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 C.C.No.29 of 2014 on the file of the learned Judicial Magistrate, Chengam, Thiruvannamalai District, 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 C.C.No.29 of 2014 on the file of the learned Judicial Magistrate, Chengam, Thiruvannamalai District, 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 C.C.No.29 of 2014 is pending from the year 2014 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 //True Copy// Sub Assistant Registrar rna

To The Judicial Magistrate, Chengam, Thiruvannamalai District.

+1 cc to Mr.E.Kannadasan,Advocate Sr.No.41385 +1 cc to Mr.T.Panchatsaram,Advocate Sr.No.41330 Crl.O.P.No.7177 of 2019 and Crl.M.P.No.3952 of 2019 GJ(CO) MP(21/05/2019)