Madras High CourtCRL OP/4446/2014allowed

Srinivasan, S/O.Dhasarathan v. Hemalatha, W/O.T.D.Srinivasan,

2019-02-13Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4446 of 2014 and M.P.No.1 of 2014 1.Srinivasan 2.Punithavathy 3.Dhasarathan 4.Anbarasi ... Petitioners Vs.

Hemalatha ... Respondent Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the entire records in C.C.No.48 of 2014 on the file of the learned Judicial Magistrate No.V, Vellore and quash the same.

For Petitioner : Mr.T.S.Rajamohan For Respondent : E.Kannadasan

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.48 of 2014, filed by the respondent herein, pending on the file of the learned Judicial Magistrate No.V, Vellore.

2. The petitioners are husband and in-laws of the respondent and the marriage between the first petitioner and the respondent was solemnized on 24.08.2007. 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 C.C.No.48 of 2014 on the file of the learned Judicial Magistrate No.V, Vellore and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said C.C.No.48 of 2014 is pending for trial. At this stage, the petitioners herein who are the husband and in-laws of the respondent pray to quash the proceedings in C.C.No.48 of 2014.

3. Heard Mr.T.S.Rajamohan, learned counsel for the petitioners and Mr.E.Kannadasan, 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/first petitioner, who is already a party in that case. The petitioners 2 to 4 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 the petitioners 2 to 4, based on the allegations, cannot be maintained, in view of the fact that the allegations of harassment meted out by the petitioners 2 to 4, 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 2 to 4. In the absence of the same, the proceedings as against the petitioners 2 to 4 cannot be maintained and consequently, the petitioners 2 to 4 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 C.C.No.48 of 2014 on the file of the learned Judicial Magistrate No.V, Vellore, insofar as the petitioners 2 to 4 are concerned and dismissed against 1st Respondent, on condition that, they shall ensure that the first petitioner/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 C.C.No.48 of 2014 on the file of the learned Judicial Magistrate No.V, Vellore, as adinterim 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 the first petitioner/husband of the respondent is concerned, since the impugned proceedings in C.C.No.48 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. The first petitioner/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 partly allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rts To The Judicial Magistrate No.V, Vellore +1 cc to Mr.E.Kannadasan, Advocate, S.R.No.13580 Crl.O.P.No.4446 of 2014 and M.P.No.1 of 2014 SSM(13/03/2019)