Siva Subramaniyam v. Krishnaveni
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12054 of 2020 and Crl.M.P.Nos.4789 & 4790 of 2020 1.Siva Subramaniyam (M/66 years) S/o. Shanmugapillai, 2.Ponnuthayee (F/55years) W/o. Siva Subramaniyam, 1 & 2 are residing at No.9/22, Pasumpon Nagar, Vadugapalayam, Pollachi, Coimbatore District.
3.Mahalakshmi (F/46 years) W/o. Muthukumar, Sivam Tyres, Oonjavelaampatti, Pollachi, Coimbatore District.
4.Mageshwari (F/45 years), W/o. Senthilkumar, Senthil Xerox, Valparai Main Road, Sooleswaranpatti, Pollachi, Coimbatore District.
... Petitioner Vs.
Krishnaveni, F/A-28 years, W/o. Ayyappan, No.107/15-A, School Street, Kaniyur, Madathukulam Taluk, Tiruppur District.
... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the complaint in D.V.C.No.1 of 2019 on the file of the Judicial Magistrate Court, Madathukulam and to quash the same.
For Petitioners: Mr.M.N.Balakrishnan For Respondent : No Appearance
ORDER
This petition has been filed for seeking to quash the proceedings in D.V.C.No.1 of 2019 on the file of the Judicial Magistrate Court, Madathukulam.
2. The petitioners are in-laws of the respondent and the marriage between A1/Ayyappan and the respondent Viz.,Krishnaveni was solemnized on 19.03.2019. 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.1 of 2019 on the file of the Judicial Magistrate Court, Madathukulam and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said D.V.C.No.1 of 2019 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.1 of 2019.
3. Heard Mr.M.N.Balakrishnan learned counsel for the petitioners. Though notice has been served to the respondent and name also printed in the cause list. But, none appeared on behalf of 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 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 D.C.V.No.1 of 2019, on the file of the Judicial Magistrate Court, Madathukulam, 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 DVC.No.1 of 2019, on the file of theJudicial Magistrate Court, Madathukulam, 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 DVC.No.1 of 2019 is pending from the year 2019 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. 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 //True Copy// Sub Assistant Registrar To The Judicial Magistrate Court, Madathukulam.
+1cc to Mr.M.N.Balakrishnan, Advocate Sr.30346 Crl.O.P.No.12054 of 2020 and Crl.M.P.Nos.4789 & 4790 of 2020 gp[co] srg 16/10/2020