Sankaranarayanan Menon v. Rajitha Menon,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.26901 of 2017 and Crl.M.P.Nos.15452 & 15453 of 2017 1.Sankaranarayanan Menon 2.Sushma Menon 3.Pradeep Menon ... Petitioners Vs.
Rajitha Menon
...Respondent
PRAYER:
Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in D.V.A.No.24 of 2017 pending on the file of the learned Judicial Magistrate No.VI, Coimbatore and quash the same as far as the petitioners are concerned.
For Petitioners: Mr.K.Balasubramaniam For Respondent : Mr.K.S.Karthik Raja
ORDER
This petition has been filed to call for the records pertaining to D.V.A.No.24 of 2017 pending on the file of the Judicial Magistrate No.VI, Coimbatore and quash the same as illegal, incompetent and without jurisdiction by allowing the present criminal original petition.
2.The petitioners are in-laws of the respondent and the marriage between A1/Suresh Menon, son of the first petitioner herein and the respondent viz.,Rajitha Menon was solemnized on 15.01.2017. 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.A. No.24 of 2017 on the file of the Judicial Magistrate Court VI, Coimbatore, 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.A.No.24 of 2017 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.A.No.24 of 2017.
3. Heard Mr.K.Balasubramaniam, learned counsel for the petitioners and Mr.K.S.Karthik Raja, learned counsel appearing 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 the petitioners herein. In the absence of the same, the proceedings as against the petitioners cannot be maintained and consequently, petitioners herein 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 DVA.No.24 of 2017, on the file of the Judicial Magistrate Court VI, Coimbatore, insofar as petitioners 1 & 2 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 on or before 5th of every English Calendar month to the credit of DVA.No.24 of 2017, on the file of the Judicial Magistrate Court VI, Coimbatore, as adinterim 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 DVA.No.24 of 2017 is pending from the year 2017 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/- Deputy Registrar //True Copy// Sub Assistant Registrar nl To 1.The Judicial Magistrate Court No.VI, Coimbatore.
+1cc to Mr.K.S.Karthik Raja, Advocate sr.33805 +1cc to Mr.K.Balasubramaniam, Advocate sr.26901 Crl.O.P.No.26901 of 2017 and Crl.M.P.Nos.15452 & 15453 of 2017 ak(co) nr 24/06/2019