Anjayal v. Durga Bhavani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.03.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.32127 of 2019 and CRL.M.P.No.17663 & 17664 of 2019 1.Anjayal 2.Singaravel 3.Venkatesan 4.Valarmathi 5.Lalitha 6.S.Balamurugan ... Petitioners/2 to 7 Respondents Vs.

Durga Bhavani

...Respondent/Petitioner

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to dispense with the personal appearance of the petitioners/respondents(R2 to R5) in connections with D.V.C.No.11 of 2019 on the file of the Learned Judicial Magistrate No.1, Panruti, Cuddalore District and quash the same.

For Petitioners: Mr.A.Gopinath For Respondent : Mr.M.Vijayaraghavan

ORDER

This Criminal Original Petition has been filed to quash the proceedings in D.V.C.No. 11 of 2019, filed by the respondent herein, pending on the file of the Learned Judicial Magistrate No.1, Panruti, Cuddalore District.

2. The 1st petitioner is the mother-in-law of the respondent, the second petitioner is the father-in-law of the respondent; the third petitioner is the brother-in-law of the respondent; 4th & 5th petitioners are the sister-in-law of the respondent and the 6th petitioner is the husband of the 5th petitioner. The marriage between the petitioner/S.Balamurugan and the respondent Viz.,Durga Bhavani was solemnized on 05.09.2016. 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. 11 of 2019 on the file of the Learned Judicial Magistrate

No.1, Panruti, Cuddalore District and implicated the petitioner as party to the petition and sought action as against him under Domestic Violence Act. The said D.V.C. No. 11 of 2019 is pending for trial. At this stage, the petitioners herein who are the in-law of the respondent pray to quash the proceedings in D.V.C. No. 11 of 2019.

3. Heard Mr.A.Gopinath, learned counsel for the petitioners and Mr.M.Vijayaraghavan, 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 petitioner herein is only in-law 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 the petitioner/in-law, 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. In the absence of the same, the proceedings as against the petitioners cannot be maintained and consequently, the petitioner 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. 11 of 2019, on the file of the Learned Judicial Magistrate, Panruti, Cuddalore District insofar as the petitioners are concerned, on condition that, he 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 D.V.C. No. 11 of 2019, on the file of the Learned Judicial Magistrate No.1, Panruti, Cuddalore District, 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. 11 of 2019 is pending from the year 2018 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.

s/d- Assistant Registrar(CS- ) True Copy Sub-Assistant Registrar To

1. The learned Judicial Magistrate No.I, Panruti, Cuddalore District.

2. The Public Prosecutor, Madras High Court, Madras.

+1 cc to Mr.A.Gopinath, Advocate,sr.21473 +1 cc to Mr.M.Vijayaragavan, Advocate,sr.22235. ca(co) krd 15/7 CRL.O.P.No.32127 of 2019 and CRL.M.P.No.17663 & 17664 of 2019