This petition is filed to call for the records in DVC.No.20 of 2017 on the file of the XV Metropolitan Magistrate, George Town, Chennai and quash the same.
2. The petitioners are the father-in-law, mother-in-law, brother-in-law, wife of brother-in-law and sister-in-law of the first respondent herein. The proceedings that is sought to be quashed is one under the Domestic Violence Act.
3. The learned counsel for the petitioners submitted that the first respondent has made false averments against these petitioners, who are the in-laws and that there is no truth in the averments. It is further submitted that the incident itself would disclose that these petitioners are innocent and they are no way involved in the alleged acts. It is seen that based on the said allegations, a criminal complaint had already been preferred by the first respondent which has been registered in FIR No.743 of 2016 dated 29.07.2016 and the same is pending investigation. Whether or not there was an occurrence is a matter for investigation and it would not be proper for this Court to interfere on that. It is seen that the petitioners were also remanded in connection with the said investigation.
4. The relief sought for in the impugned proceedings under the Domestic Violence Act are one for protection orders, resistance orders, maintenance and possession. The first respondent's husband is also a party respondent in the Domestic Violence Act. All these reliefs could be granted against the husband, if the first respondent makes out a valid case before the trial Court. When the husband has been made as a party in the Domestic Violence case and the relief sought for can be passed as against the husband, it would not be proper to make the in-laws undergo the ordeal of trial for the purpose of defending the relief sought for by the first respondent. In my view, the petitioners herein are not proper parties vis-a-vis the relief sought for in the Domestic Violence Case, particularly when the husband has also been made as a party in the proceedings. As such the petitioners need not undergo the ordeal of trial. It will be pertinent to mention here that acts of Domestic Violence Act averred in the complaint is also under investigation before the police authority and therefore the first respondent's grievance as against these petitioners can be made in that criminal proceedings.
5. In the result the petitioners are entitled to succeed in the present petition. Accordingly the proceedings in DVC.No.20 of 2017 on the file of M.S.RAMESH, J dpq XV Metropolitan Magistrate, George Town, Chennai is quashed as against these petitioners are concerned.
6. The learned XV Metropolitan Magistrate, George Town, Chennai shall proceed with the DVC No.20 of 2017 as against the second respondent/husband of the complainant in accordance with law. The learned Magistrate shall endeavour to complete the proceedings within a period of four months from the date of receipt of a copy of this order. Connected miscellaneous petitions are also closed.
08.11.2017 Index:Yes/No Internet: Yes/No dpq To
1. The XV Metropolitan Magistrate, George Town, Chennai.
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.12538 of 2017 and Crl.MP.Nos.8189 and 8190 of 2017