Manoharan v. M.Subbulakshmi

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD).Nos.2296 & 2297 of 2018 1.Manoharan 2.M.Shanthi ... Petitioners/Accused 2&3 Vs M.Subbulakshmi ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the above DVOP Case No.3 of 2018, on the file of the learned Judicial Magistrate, Theni and quash the same insofar as the petitioners are concerned.

For Petitioners : Mr.Veerakathiravan Senior Counsel for M/s. Veera Associates For Respondent : Mr.N.Sudalaimuthu

O R D E R

This petition has been filed to quash the proceedings in DVOP Case No.3 of 2018, on the file of the learned Judicial Magistrate, Theni.

2. The marriage between A1/Muthu Suresh and the first respondent/M. Subbulakshmi was solmnized on 23.07.2012. The petitioners are in-laws of the respondent. 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. 3 of 2018 on the file of the learned Judicial Magistrate, Theni and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said DVOP No. 3 of 2018 is pending for trial. At this stage, the petitioners pray to quash the proceedings in DVOP No.3 of 2018.

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 1/3

respondent's husband, who is already a party in that case. The petitioners herein are only in-laws and relations 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.3 of 2018, on the file of the learned Judicial Magistrate, Theni, insofar as the petitioners 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.3 of 2018, on the file of the learned Judicial Magistrate, Theni, as ad-interim 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.3 of 2018, on the file of the learned Judicial Magistrate, Theni, insofar as these petitioners are concerned. Since the impugned proceedings in DVOP No.3 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.

7. In the result, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) 2/3

ksa To The Judicial Magistrate, Theni.

Order made in 03.10.2019 KM/(23.10.2019) 3P 2C 3/3