Mala v. C.Divyapriya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No. 19261 of 2016 and Crl.M.P.(MD)No.9697 of 2016

1. Mala

2. Selvam @ Shyam Selvam

3. Karthi

4. Faithavinolia ... Petitioners/R-2 to 5 Vs.

C. Divyapriya

...Respondent/Petitioner

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records in proceedings in DVOP No.7 of 2016 on the file of the learned Judicial Magistrate, Nilakkottai, Dindigul District and quash the same against the petitioners. For Petitioners : Mr.P.T. Ramesh Raja For Respondent : No appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in DVOP No. 7 of 2016, filed by the respondent herein, pending on the file of the learned Judicial Magistrate, Nilakkottai, Dindigul District.

2. The marriage between Senthilkumar/A-1 and the respondent herein/C. Divyapriya was solmnized on 03.01.2012. The petitioners herein are in-laws of the respondent herein. Thereafter, due to matrimonial dispute the 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. 7 of 2016 on the file of the learned Judicial Magistrate, Nilakkottai, Dindigul District 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 2016 is pending for trial. At this stage, the petitioners pray to quash the proceedings in DVOP No.7 of 2016 .

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 https://hcservices.ecourts.gov.in/hcservices/

petitioners herein are only in-laws 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.7 of 2016, on the file of the learned Judicial Magistrate, Nilakkottai, Dindigul District, insofar as these petitioners are concerned. Since the impugned proceedings in DVOP No. 7 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 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 petition is closed. Sd/- Assistant Registrar (A.S) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa To The Judicial Magistrate, Nilakkottai, Dindigul District.

CRL.O.P (MD) No. 19261 of 2016 09.10.2020 SE(CO) CS(29.10.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/