Venkatesh v. Vasanthapriya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD) Nos.691 and 692 of 2018 1.Venkatesh 2.Kulanthaivel 3.K.Menagi 4.Geetha @ Keerthana ... Petitioners Vs.

Vasanthapriya

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records pertaining to D.V.C.No.68 of 2016 on the file of the Additional Mahila Court, Trichirapalli and quash the same.

For Petitioners : Mr.R.Ramachandran

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in D.V.C.No.68 of 2016, filed by the respondent herein, pending on the file of the Additional Mahila Court, Trichirapalli . 2.

The first petitioner is the husband of the respondent and the other petitioners are in-laws of the respondent and the marriage between A1/Venkatesh and the respondent Viz.,Vasanthapriya was solemnized on 14.06.2010. 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.68 of 2016 on the file of the Additional Mahila Court, Trichirappali and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said D.V.C.No.68 of 2016 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 D.V.C.No.68 of 2016 . 3.

Heard Mr.R.Ramachardran learned counsel for the petitioners.

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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 first petitioners herein is the husband and the petitioners 2 to 4 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 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 these 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 not inclined to quash the proceedings in DVC No.68 of 2016, on the file of the Additional Mahila Court, Trichirappali, as against the first petitioner and insofar as petitioners 2 to 4 are concerned, the proceedings in DVC No.68 of 2016, on the file of the Additional Mahila Court, Trichirappali is hereby quashed 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 DVC No.68 of 2016, on the file of the Additional Mahila Court, Trichirappali, 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 DVC No.68 of 2016 is pending from the year 2016 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. 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 partly allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar 2/3

To The Judge, Additional Mahila Court, Trichirappali and Crl.M.P(MD) Nos.691 and 692 of 2018 05.09.2019 AAV MS/19.09.2019/3P.2C 3/3