K.Shanmugathai v. M.Megadharshini
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2019
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and CRL.M.P (MD) Nos. 124 & 125 of 2019
1. K. Shanmugathai
2. K. Kumar
...Petitioners/Respondents-2 & 3
Vs.
1. M. Megadharshini
2. Minor Srinee
...Respondents/Complainants
(2nd respondent represented through her Mother/1st respondent) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records pertaining to DVOP No.5 of 2017 on the file of the learned District Munsif-cum-Judicial Magistrate, Peraiyur and to quash the same insofar as the petitioners are concerned.
For Petitioners : Mr.V. Illanchezian For Respondents : Mr.Sulthan Basha for M/s.Ajmal Associates
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in DVOP No. 5 of 2017, filed by the respondents herein, pending on the file of the learned District Munsif-cum-Judicial Magistrate, Peraiyur.
2. The marriage between Vijayabaskar and the first respondent/ M. Megadharshini was solmnized on 27.08.2015 and they went went to abroad. The petitioners are in-laws of of the Vijayabaskar. Thereafter, due to matrimonial disputes the first respondent and her husband were living separately from the matrimonial home. Under this circumstances, the respondent herein filed a petition under matrimonial case in DVOP No. 5 of 2017 on the file of the learned District Munsif Cum Judicial Magistrate, Peraiyur and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said DVOP No. 5 of 2017 is pending for trial. At this stage, the petitioners pray to quash the proceedings in DVOP No. 5 of 2017.
3.Perused the material documents available on record. 4.It is seen that the relief sought for by the respondents in the domestic violence case with regard to residential rights, compensation, etc., can be made and claimed as against the first respondent's husband, who is already a party in that case. The 1/3
petitioners herein are only in-laws and of the respondent and they are living separately. As such, the protection order sought for by the first respondent herein in the domestic violence case against the petitioners, 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 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 DVOP No.
5 of 2017, on the file of the learned District Munsif Cum Judicial Magistrate, Peraiyur, insofar as the petitioners concerned, on condition that, they shall ensure that the A1/husband of the first respondent shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before 5th of every English Calendar month to the credit of DVOP No. 5 of 2017, on the file of the learned District Munsif-Cum-Judicial Magistrate, Peraiyur, as adinterim maintenance, without prejudice to both the parties, failing which this order shall stand automatically cancelled. On such deposit being made, the first respondent is entitled to withdraw the same.
6.In view of the above, this Court is inclined to quash the proceedings in DVOP No. 5 of 2017, on the file of the learned District Munsif Cum Judicial Magistrate, Peraiyur, insofar as these petitioners are concerned Since the impugned proceedings in DVOP No. 5 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(3) months from the date of receipt of copy of this order. A1/husband of the first respondent is directed to appear before the trial Court on the next hearing date, failing which, the first 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 (P AND A) // True Copy // Sub Assistant Registrar(CS) Ksa 2/3
To The District Munsif Cum Judicial Magistrate Court, Peraiyur.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-87034[F] dated 17/09/2019 ) CRL.O.P (MD) No. 289 of 2019 16.09.2019 KSA KK/SAR/15.10.2019/3P-3C/ 3/3