At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE M.S. RAMESH
For the Petitioners: S. Raveekumar, Advocate. For the Respondent: No Appearance.
Published In:- Published In 2017 (2) LW (Crl) 753
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the proceedings in D.V.A.No.11 of 2017 pending on the file of the learned Judicial Magistrate-V, Coimbatore and to quash the same.)
1. The first petitioner is the respondent's husband's maternal uncle and the second petitioner is his wife. The petitioners 3 & 4
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are the sisters of the respondent's mother-in-law.2. The case of the respondent/defacto complainant is that the respondent herein had married one prabhu on 05.09.2016 in Coimbatore. Subsequent to the marriage, the petitioners 1 & 2 returned to Chennai and thereafter, the first petitioner had left to London on 12.09.2016 itself. The petitioners 3 & 4 are the residents of Puducherry and had no connection with the matrimonial relationship of the respondent whatsoever. After marriage, the respondent's husband had left for Singapore on 11.09.2016 itself. During the short stay in Coimbatore, the respondent's husband had a fall, owing to which, his neck bone was dislocated. However, he had left for Singapore where he was employed with Standard Charted Bank. Owing to the injury, he had returned to Chennai and underwent surgery. In view of the surgery, the respondent's husband was unable to have any physical relationship with her. Disappointed over the incident, the respondent had left to her parental home and thereafter had a strained relationship with her husband. The respondent had given a complaint before the Inspector of Police, All Women Police Station, Cuddalore and the Home Secretary, Government of Tamil Nadu complaining of harassment by her husband. Subsequently, the respondent had filed a petition before the learned Judicial Magistrate-V, Coimbatore under Domestic Violence Act against the petitioners and others.3. Heard the learned counsel for the petitioners. Though notice has been served on the respondent and her name is printed today in the cause list, none appears on her behalf.4. The impugned proceedings under the Domestic Violence Act is bereft of any particulars as against these petitioners. There is absolutely no averments or any acts constituting Domestic Violence as defined under the Act against the petitioners herein who are the distant in-laws of the respondent. In the absence of any allegations of domestic violences, against these petitioners, I am unable to comprehend as to how the respondent can maintain the relief sought for in the Domestic Violence proceedings against these petitioners. As seen earlier, the first petitioner is the respondent's husband's maternal uncle and the second petitioner is his wife. The matrimonial life of the respondent was short lived and the first petitioner has also left the country immediately after the marriage. The petitioners 3 and 4 are also sisters of the respondent's mother-in-law who are the residents of Puducherry.5. Furthermore, there are no averments or overt act as against these petitioners to implicate them by acts constituting Domestic Violence so as to make them liable for the relief sought for by the respondent. In the absence of any averments against the petitioners, it would not be proper for permitting the respondent to prosecute the petitioners and make them to undergo the ordeal of a trial. Hence, I am of the view that the complaint has been filed against these petitioners in a heat of the moment without proper deliberations with oblique motive. Hence, it can only be concluded that the proceedings under Domestic Violence Act as against these petitioners is as against the process of law.6. In the result, the Criminal Original Petition stands allowed. Consequently, the proceedings in D.V.A.No.11 of 2017 on the file of the learned Judicial Magistrate-V, Coimbatore insofar as the petitioners herein are concerned stand quashed. Consequently, connected Miscellaneous Petition is closed.
"2017 (2) LW(Crl) 753,"