This Criminal Original Petition has been filed to call for the records relating to the complaint in DVOP No.4 of 2017 on the file of the learned Judicial Magistrate No.2, Gobichettypalayam and quash the same.
2. The 1st petitioner and the 2nd petitioner are mother-in- law and father-in-law of the respondent / defacto complainant. The 3rd petitioner is brother-in-law and the 4th petitioner is sister-in-law of the respondent. The 5th petitioner is husband of the 4th petitioner.
3. It is seen from the proceedings that the petitioners herein are residing outside the matrimonial home of the respondent / defacto complainant.
4. The allegation in the petition filed by the Respondent/wife before the learned Judicial Magistrate No.II, Gobichettipalayam is that all the petitioners in the Domestic Violence case were at the instigation of her husband, who is the 1st respondent in the Domestic Violence Act case caused harm to her. On a perusal of the complaint it is seen that no specific allegation made against these petitioners and the allegations are vague.
5. As pointed out by the leaned counsel for the petitioners, the respondent seems to have filed an earlier compliant before All Women Police Station, Tiruppur on 08.04.2016 alleging various cruelties against these petitioners as well as her husband. The said compliant is produced before this Court. After deliberations, the said complaint came to be closed, since the respondent as well as her husband had agreed to reconcile. Subsequently, since the reconciliation did not work out, the present complaint has been filed on 13.04.2017 in which various acts of cruelty have been alleged. On perusal of the averments made in the complaint dated 08.04.2016 before the All Women Police Station, Tiruppur and the averments made in the complaint of Domestic Violence Act, dated 13.04.2017, it is seen that what was not specifically pleaded in the first complaint have been now included in the present complaint. Likewise, it is also seen that most of the facts are contradictory to the earlier stand taken by the respondent/wife in the first petition.
6. In this background, it can be only concluded that the averments in the present complaint made under the Domestic Violence Act does not carry much of truth and I am of the opinion that the respondent has initiated the Domestic Violence proceedings only to wreck vengeance on the petitioners herein, who are her in-laws. In view of the same, it would be appropriate to quash the proceedings against these petitioners.
M.S.RAMESH,J.
Ggs / aav
7. In the result, this Criminal Original Petition stands allowed and the proceedings in DVOP No.4 of 2017 pending on the file of the learned Judicial Magistrate No.II Gobichettypalayam is quashed insofar as the petitioners herein are concerned. Consequently connected Miscellaneous Petitions are closed.