Madras High CourtCRL OP(MD)/18910/2019partly allowed

V. Kumaresan v. P. Ramya

2019-12-17Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.18910 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.18910 of 2019 and Crl.M.P.(MD)Nos.11106 and 11107 of 2019

1. V.Kumerasan

2. Velu

3. Saroja 4.Rajapandian

5. Rathika

6. Sumathi

7. Mahendran

8. Sivakumar

...Petitioners

-Vs1. P.Ramya

2. Minor. K.Vedesh (Natural Guardian/Mother custody with the first respondent) ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to quash the proceedings in Cr.M.P.No.1493 of 2019 in the Court of Judicial Magistrate, Additional Mahila Court, Madurai.

For Petitioners : Mr.K.Guruchev

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Cr.M.P.No.1493 of 2019 in the Court of Judicial Magistrate, Additional Mahila Court, Madurai. 2.The first petitioner is husband and the petitioners 2 to 8 are in-laws of the respondent and the marriage between the first petitioner/ V.Kumaresan and the respondent Viz.,P.Ramya was solemnized on 01.02.2017. 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 Cr.M.P.No.1493 of 2019 in the Court of Judicial Magistrate, Additional Mahila Court, Madurai and implicated the petitioners as parties to the petition and sought action as against them under Domestic Violence Act. The said Cr.M.P.No.1493 of 2019 is pending for trial.

At this stage, the first petitioner, who is the husband and the petitioners 2 to 8 herein, who are the in-laws of the respondent, pray to quash the proceedings in Cr.M.P.No.1493 of 2019 3.Heard the learned counsel for the petitioners. 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 https://hcservices.ecourts.gov.

Crl.O.P.(MD)No.18910 of 2019 husband/first petitioner, who is already a party in that case. Hence, this Criminal Original Petition is dismissed as far as the first petitioner/husband is concerned. The petitioners 2 to 8 herein are only in-laws 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 the petitioners 2 to 8/in-laws, based on the allegations, cannot be maintained, in view of the fact that the allegations of harassment meted out by the petitioners 2 to 8 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 2 to 4. In the absence of the same, the proceedings as against the petitioners 2 to 4 cannot be maintained and consequently, the petitioners 2 to 8 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 Cr.M.P.No.1493 of 2019 in the Court of Judicial Magistrate, Additional Mahila Court, Madurai insofar as the petitioners 2 to 8 are concerned, on condition that, they shall ensure that the first petitioner/ 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 in Cr.M.P.No.1493 of 2019 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 the first petitioner/husband of the respondent is concerned, this Petition is dismissed.

The first petitioner/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 is partly allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To The Judicial Magistrate, Additional Mahila Court, Madurai +1cc to Mr.k.Guruchev, Advocate, Sr.No.22074 Crl.O.P.(MD)No.18910 of 2019 and Crl.M.P.(MD)Nos.11106 and 11107 of 2019 SMA/10/01/2020/2P/3C 17.12.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2