Mrs.Poongothai v. Mrs.S.Ponnarasi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4382 of 2014 and Crl.M.P.No.1 of 2014
1. Poongothai
2. K.Ranjith
3. R.Selvi ... Petitioners/ Respondents Vs.
1. S.Ponnarasi
2. S.Nithish
3. S.Deepak
...Respondents/Applicants
(The 2nd and 3rd respondents being minors rep. by Mrs.S.Ponnarasi the mother) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating to proceedings in D.V.C.No.9 of 2012 pending on the file of the learned XVth Metropolitan Magistrate Court at George Town, Chennai, Quash the same.
For Petitioners : Mr.V.Kanagaraj For Respondents : No Appearance
O R D E R
This Criminal Original Petition has been filed to call for the records pertaining to the D.V.C.No.9 of 2012 on the file of the learned XVth Metropolitan Magistrate Court at George Town, Chennai and quash the same.
2.
The petitioners are in-laws of the respondent and the marriage between A1/K.Sathish and the respondent Viz.,S.Ponnarasi was solemnized on 06.12.1998.
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.9 of 2012 on the file of the learned XVth Metropolitan Magistrate Court at George Town, Chennai 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.9 of 2012 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.9 of 2012.
3.
Heard Mr.V.Kanagaraj, the learned counsel for the petitioners. 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/inlaws, 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.V.C.No.9 of 2012, on the file of the learned XVth Metropolitan Magistrate Court at George Town, Chennai, insofar as these petitioners are allowed, 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 DVA.No.9 of 2012, on the file of the learned XVth Metropolitan Magistrate Court at George Town, Chennai, 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 D.V.C.No.9 of 2012 is pending from the year 2012 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, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ssr/pam To
1. The XVth Metropolitan Magistrate Court, George Town, Chennai.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.S.NamoNarayanan, Advocate SR.No. 18574 Crl.O.P.No. 4382 of 2014 and Crl.M.P.No.1 of 2014 A.SK(22/03/2019)