Kamalan v. Anitha

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD) No.8976 of 2019 1.Kamalan 2.Mezhcy 3.Vijayan 4.Rani ... Petitioners/Accused 2 to 5 Vs 1.Anitha 2.C.Aknesh 3.C.Akilesh ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to D.V.C.No.19 of 2019 on the file of the Judicial Magistrate No.1, Kuzhithurai and quash the same.

For Petitioners : Mr.R.Niresh Kumar For Respondents : Mr.S.Saji Bino

O R D E R

This petition has been filed to quash the complaint in D.V.C.No.19 of 2019 on the file of the Judicial Magistrate No.1, Kuzhithurai insofar as the petitioners are concerned. 2.

The petitioners are in-laws of the 1st respondent and the marriage between A1/Shinu and the 1st respondent Viz., Anitha was solemnized on 29.10.2006 and they got two children viz., the 2nd and 3rd respondents. Thereafter, due to matrimonial disputes, the 1st respondent and her husband were living separately from the matrimonial home. Under this circumstance, the 1st respondent herein filed a petition under Domestic Violence Act in D.V.C.No.19 of 2019 on the file of the Judicial Magistrate No.I, Kuzhithurai 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.19 of 2019 is pending for trial. At this stage, the petitioners herein who are in-laws of the 1st respondent pray to quash the said proceedings.

1/3

3.

Heard both sides and perused the materials available on records.

4.

It is seen that the relief sought for by the 1st 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 petitioners herein are only in-laws of the 1st respondent and they are living separately. As such, the protection order sought for by the1st respondent herein in the domestic violence case against these petitioners/in-law, based on the allegations, cannot be maintained, in view of the fact that the allegations of harassment meted out by the petitioners against the 1st 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 this 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 DVC.No.19 of 2019, on the file of the Judicial Magistrate No.I, Kuzhithurai insofar as these petitioners 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 DVA.No.19 of 2019, on the file of the Judicial Magistrate No.I, Kuzhithurai, as ad-interim maintenance, without prejudice to both the parties, failing which this order shall stand automatically cancelled. On such deposit being made, the 1st respondent is entitled to withdraw the same.

6.

Insofar as A1/husband of the 1st respondent is concerned, 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 1st respondent is directed to appear before the trial Court on the next hearing date, failing which, the 1st 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 (CS-III) // True Copy // Sub Assistant Registrar(CS) Arul 2/3

To The Judicial Magistrate No.I, Kuzhithurai.

+1 CC to M/s.R NIRESHKUMAR, Advocate ( SR-101042[F] dated 25/11/2019 +1 CC to M/s.S. SAJI BINO, Advocate (SR-101681[F] dated 27/11/2019 ) Order made in 25.112019 JMN(19.12.2019) 3P : 4C 3/3