Madras High CourtCRL OP(MD)/8455/2019disposed of

K.E.S.Adam Malic, v. A.Asha @ Jaithun Beevi

2019-09-16Honourable Mr Justice G.K. Ilanthiraiyan3 pages

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.5307 & 5308 of 2019

1. K.E.S. Adam Malic

2. Ramija Kani

3. Sameema

4. Rabeetha

5. Mahamutha ... Petitioners/Accused Vs.

1. A. Asha@Jaithun Beevi

2. 2. Adam Nisha (Minor)

3. Adam Nafa (Minor) (The 1st respondent/complainant has been representing on behalf of her minor daughters before the learned Judicial Magistrate No.II, Thanjavur.)

...Respondents/Complainants

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the DVC No. 7 of 2019 on the file of the learned Judicial Magistrate No.II, Thanjavur and quash the same.

For Petitioners : M/s.M.Benazir Begum For Respondents : Mr.G. Karnan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in DVOP No. 7 of 2019, filed by the respondents herein, pending on the file of the learned Judicial Magistrate NoII, Thanjavur. 2.The first petitioner is husband and the petitioners-2 to 5 are in-laws of the first respondent and the marriage between A1/ K.E.S. Adam malic and the first respondent Viz., A. Asha @ Jaithun beevi was solemnized on 23.10.2011. 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 matrimonial case in DVOP No.7 of 2019 on the file of the learned 1/3

Judicial Magistrate No.II, Thanjavur and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said DVOP No. 7 of 2019 is pending for trial. At this stage, the first petitioner husband and the petitioners-2 to 5 herein who are the in-laws of the respondent pray to quash the proceedings in DVOP No. 7 of 2019.

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/husband, who is already a party in that case. The petitioners-2 to 5 herein are only in-laws of the first 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-2 to 5/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-2 to 5. In the absence of the same, the proceedings as against the petitioners-2 to 5 cannot be maintained and consequently, the petitioners-2 to 5 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.7 of 2019, on the file of the learned Judicial Magistrate No.II, Thanjavur insofar as the petitioners-2 to 5 are 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.7 of 2019, on the file of the learned Judicial Magistrate No.II, Thanjavur, 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 first respondent is concerned the Criminal Original Petition is dismissed.

However, the trial Court is directed to complete the trial within a period of Six(6) 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 respondents are at liberty to approach this Court.

7. In the result, this Criminal Original Petition is partly 2/3

allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) ksa To The Judicial Magistrate No.II, Thanjavur.

+1 CC to M/s.G.KARANAN, Advocate ( SR-87172[F] dated 17/09/2019 ) CRL.O.P (MD) No.8455 of 2019 16.09.2019 KM/(10.10.2019) 3P 3C 3/3