Francis Rodrigo v. R. Sheeba

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD)Nos.5477 and 5478 of 2018 1.Francis Rodrigo 2.Christila B.Rayan

...Petitioners

-VsR.Sheeba ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records and documents in connection with the DVOP.No.10 of 2018 on the file of the learned Judicial Magistrate, Thoothukudi and quash the same. For Petitioners : Mr.Lakshmi Gopinathan For Respondent : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in DVOP.No.10 of 2018 on the file of the learned Judicial Magistrate, Thoothukudi, as against the petitioners.

2. The petitioners are in-laws of the respondent and the marriage between A1/Arokia Rajesh Rodrigo and the respondent viz., R.Sheeba was solemnized on 05.06.2017. 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 Section Domestic Violence Act, in D.V.O.P.No.10 of 2018 on the file of the learned Judicial Magistrate, Thoothukudi District, and implicated the petitioners as parties to the petition and sought action as against them under Section Domestic Violence Act. The said D.V.O.P.No.10 of 2018 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.10 of 2018.

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

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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 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 Section 12 of the Protection of Women from Domestic Violence Act 2005, 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.10 of 2018 on the file of the learned Judicial Magistrate, Thoothukudi District, 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.10 of 2018 on the file of the learned Judicial Magistrate, Thoothukudi District, 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.

10 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 petition are closed. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) vsd 2/3

To The Judicial Magistrate, Thoothukudi.

Copy to:

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

+1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-98357[F] dated 14/11/2019 ) and Crl.M.P.(MD)Nos.5477 and 5478 of 2018 14.11.2019 JMN(10.12.2019) 3P : 5C 3/3