Yasmin v. Aneesha Begum

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and CRL.M.P(MD).Nos.3253 and 3254 of 2019 1.Yasmin 2.Zakkir Hussain 3.Hameetha Beevi 4.Firthous Nisha ... Petitioners/Respondent Nos.2,3,4 & 5 Vs.

Aneesha Begum

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records pertaining to the petitioner filed under the Protection of Women from Domestic Violence Act, 2005 in DVOP.No. 28 of 2018 on the file of the learned Judicial Magistrate Court No.II, Nagercoil, Kanyakumari District and quash same as against the petitioners concerned.

For Petitioners : Mr.R. Karunanithi For Respondent : (*)Mr.R.Maheswaran

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in D.V.O.P.No.28 of 2018, filed by the respondent herein, pending on the file of the Judicial Magistrate Court No.II, Nagercoil, Kanyakumari District.

2.

The petitioners are in-laws of the respondent and the marriage between A1/Ali Rahman and the respondent Viz., Aneesha Begum was solemnized on 01.06.2014. Thereafter, due to matrimonial disputes the respondent and her husband were living separately from the matrimonial home. Under this circumstance, the respondent herein 1/3

filed a petition under Domestic Violence Act in D.V.O.P.No.28 of 2018 on the file of the Judicial Magistrate No.I1, Nagercoil, Kanyakumari District and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said D.V.O.P.28 of 2018 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.O.P.No.28 of 2018. 3.

It is seen that the relief sought for by the respondent in the domestic violence case with regard to maintenance 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 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.

4.

In view of the above, this Court is inclined to quash the proceedings in DVOP.No.28 of 2018, on the file of the Judicial Magistrate Court No.II, Nagercoil, Kanyakumari District, insofar as these petitioners 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) before 5th of every English Calendar month to the credit of DVOP.No.28 of 2018, on the file of the Judicial Magistrate Court No.II, Nagecoil, Kanyakumari 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.

5.

Insofar as A1/husband of the respondent is concerned, since the impugned proceedings in DVOP.No.28 of 2018 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.

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6.

In the result, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) Dated: 23.09.2019 (*) Amended as per order of this Hon'ble Court dated 17/10/2019 Sd/- Assistant Registrar (CS-I) Dated: 25.10.2019 // True Copy // Sub Assistant Registrar(CS ) To (*) to be substituted the order already despatched on 01/10/2019 1.The learned Judicial Magistrate Court No.II, Nagercoil, Kanyakumari District.

2. The Chief Judicial Magistrate, Kanyakumari at Nagercoil. +1 CC to Mr.R.KARUNANIDHI, Advocate SR-86054. and CRL.M.P(MD).Nos.3253 and 3254 of 2019 10.09.2019 CS(27.09.2019) 3P 3C TR(30/10/2019) 3p 4C 3/3