Mrs.Fathima v. A.Yasmin

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6092 of 2014 and Crl.M.P.Nos.1 & 2 of 2014 1.Fathima 2.Siddiq Ali @ Abdul Ajeez, 3.Mrs.Rabia ... Petitioners/ Respondents 2 to 4 Vs.

A.Yasmin ... Respondent/Complainant PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the private complaint in D.V.O.P.No.1 of 2014 on the file of Judicial Magistrate, Additional Mahila Court, Salem.

For Petitioners: Mr.J.Sudhakaran For Respondent : No Appearance

ORDER

This petition has been filed to call for the records and quash the private complaint in D.V.O.P.No.1 of 2014 on the file of Judicial Magistrate, Additional Mahila Court, Salem.

2. The petitioners are in-laws of the respondent and the marriage between A1/Mohamed Hussain and the respondent Viz.,Yasmin was solemnized on 21.01.2001. 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.1 of 2014 on the file of the Judicial Magistrate, Additional Mahila Court, Salem and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said D.V.O.P.No.1 of 2014 is pending for trial. At this stage, the petitioners herein in-laws of the respondent pray to quash the proceedings in D.V.O.P.No.1 of 2014.

3. Heard Mr.J.Sudhakaran, learned counsel for the petitioners and none appeared 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 D.V.O.P.No.1 of 2014, on the file of the Judicial Magistrate, Additional Mahila Court, Salem insofar as 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) per month before 5th of every English Calendar month to the credit of D.V.O.P.No.1 of 2014, on the file of the Judicial Magistrate, Additional Mahila Court, Salem 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 A1/husband of the respondent is concerned, since the impugned proceedings in D.V.O.P.No.1 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. 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 VI) //True Copy// Sub Assistant Registrar

pds/lok To

1. The Judicial Magistrate, Additional Mahila Court, Salem.

2. The Chief Judicial Magistrate, Salem.

Copy To: Mr.Mohammed Hussain, 35/123, Palani Pandaram Street, Near Railaway Station, Vazhapadi.

+1 cc to Mr.J.Sudhakaran, Advocate SR.No.15963 Crl.O.P.No.6092 of 2014 and Crl.M.P.Nos.1 & 2 of 2014 GJ(CO) CSL/26.03.2019