Madras High CourtCRL OP(MD)/18407/2018allowed

Joseph Nicholas v. M. Theras Anlet Jeevitha

2019-10-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD)Nos.8219 and 8220 of 2018 1.Joseph Nicholas 2.Victor Babu 3.Mariya Mathelan 4.D.Stella Puspham

...Petitioners/Respondents 1 to 4

-VsM.Theras Anlet Jeevitha ... Respondent/Petitioner Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the proceedings in DVC No.11 of 2017, on the file of the learned Judicial Magistrate, Nanguneri and to quash the same. For Petitioners : Mr.D.Selvanayagam For Respondent : Mr.R.Vijayakumar

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in D.V.C.No.11 of 2017, on the file of the learned Judicial Magistrate, Nanguneri.

2.The petitioners 2 to 4 are in-laws of the respondent and the marriage between first petitioner/Joseph Nicholas and the respondent Viz.,M.Theras Anlet Jeevitha was solemnized on 19.01.2017. 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 Domestic Violence Act in D.V.C.No.11 of 2017, on the file of the learned Judicial Magistrate, Nanguneri 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.11 of 2017 is pending for trial. At this stage, the petitioners 2 to 4 herein, who are the in-laws of the respondent, pray to quash the proceedings in D.V.C.No.11 of 2017.

3.Heard the learned counsel on either side.

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 1/3

husband, who is already a party in that case. The petitioners 2 to 4 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 these petitioners 2 to 4/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 4 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 2 to 4. In the absence of the same, the proceedings as against these petitioners 2 to 4 cannot be maintained and consequently, the petitioners 2 to 4 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.C.No.11 of 2017, on the file of the learned Judicial Magistrate, Nanguneri, insofar as the petitioners 2 to 4 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 D.V.C.No.11 of 2017, on the file of the learned Judicial Magistrate, Nanguneri, 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.Therefore, this petition is dismissed as far as the first petitioner/husband of the respondent is concerned, since the impugned proceedings in D.V.

C.No.11 of 2017 is pending from the year 2017 onwards, it would be appropriate to direct the trial Court to complete the trial within a period of three months from the date of receipt of copy of this order. 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 stands partly allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) 2/3

To 1.The Judicial Magistrate, Nanguneri 2.The Section Officer,(2 copies) Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.R.VIYAJAKUMAR, Advocate ( SR-91526[F] dated 04/10/2019 ) +1 CC to Mr.D.SELVANAYAGAM, Advocate ( SR-91558[F] dated 04/10/2019 ) 04.10.2019 das VB(21.10.2019) 3P 6C 3/3