Amuthavalli v. Abinaya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD)Nos.4890 and 4891 of 2018 1.Amuthavalli 2.Pandiyan

...Petitioners/Accused Nos.4&5

-VsAbinaya ... Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the D.V.O.P.No.129 of 2016 on the file of the learned Additional Mahila Court, Trichirapalli and quash the same as against these petitioners.

For Petitioners : Mr.Veera Kathiravan, Senior Counsel For M/s.Veera Associates For Respondent : Mr.G.Karupasamy Pandiyan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in D.V.O.P.No.129 of 2016 on the file of the learned Additional Mahila Court, Trichirapalli, as against the petitioners.

2. The petitioners are in-laws of the respondent and the marriage between A1/Srivasantham and the respondent viz., Abinaya was solemnized on 11.03.2016. 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.O.P.No.129 of 2016 on the file of the learned Additional Mahila Court, Trichirapalli, and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said D.V.O.P.No.129 of 2016 is pending for trial. At this stage, the petitioners herein, who are the in-laws of the respondent, pray to quash the proceedings in D.V.O.P.No.129 of 2016. 1/3

3. Heard the learned counsel for the petitioners and the learned counsel appearing for the respondent.

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 petitioners herein are inlaws 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/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 these petitioners. In the absence of the same, the proceedings as against these 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 D.V.O.P.No.129 of 2016 on the file of the learned Additional Mahila Court, Trichirapalli, insofar as these petitioners are 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 D.V.O.P.No.129 of 2016 on the file of the learned Additional Mahila Court, Trichirapalli, 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 D.V.O.P.No.129 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 petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) 2/3

To 1.The Judge, Additional Mahila Court, Trichirapalli.

2.The Section Officer, (2 Copies) Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G. KARUPPASAMY PANDIAN, Advocate ( SR-97698[F] dated 12/11/2019 ) +1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-97883[F] dated 13/11/2019 ) and Crl.M.P.(MD)Nos.4890 and 4891 of 2018 12.11.2019 JMN(02.12.2019) 3P : 6C 3/3