CRL.O.P.No.28924 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2020
CORAM:
THE HON’BLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL. O.P. No. 28924 of 2018
and
CRL.M.P.No.16897 of 2018
Lakshmi Narayanan … Petitioner
Versus
Kamatchi …Respondent
Criminal Original Petition filed under Section 482 of Cr.P.C, to call for
the records relating to the proceedings in D.V.No.21 of 2018 on the file of the
learned Judicial Magistrate, Ambattur and quash the same.
For Petitioner : Mr. M. Babu Muthu Meeran
For Respondent : No Appearance
ORDER
This Criminal Original Petition has been filed to quash the proceedings
in D.V.C. No.21 of 2018, on the file of the learned Judicial Magistrate,
Ambattur. There are totally three respondents in the domestic violence case,
in which the petitioner is arrayed as first respondent.
2.The learned counsel for the petitioner submitted that the complaint
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filed under the Domestic Violence Act, 2005 is nothing but an abuse of
process of law, per se vexatious, frivolous and not maintainable as against the
petitioner. The marriage between the petitioner and the respondent was
solemnised on 07.09.2007, thereafter, there was a strained relationship
between them and the respondent left the matrimonial home. Therefore, the
petitioner filed a petition for restitution of conjugal rights in F.C.O.P. No.
3929 of 2011 and a petition for divorce in F.C.O.P.No.3374 of 2009. The
petitioner’s divorce petition was dismissed on 09.03.2013 and the restitution
of conjugal rights petition was decreed. Aggrieved by the same, the petitioner
preferred an appeal in CMA. No. 1330 of 2013 before this Court and the
same was also dismissed. Again, the petitioner filed a Special Leave Petition
(Civil) before the Hon’ble Supreme Court of India in Diary No.23510 of 2018
and the same is pending.
3.While so, the respondent filed a maintenance case in M.C. No. 261 of
2013 under Section 125 of Cr.P.C., in which, she prayed for direction to the
petitioner to pay maintenance of Rs.1,50,000/- to her and Rs.50,000/- for her
minor son. By order dated 19.01.2018, the V-Additional Family Court,
Chennai awarded a sum of Rs.30,000/- as maintenance to the respondent and
a sum of Rs.15,000/- to the minor son. The order of maintenance was also
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CRL.O.P.No.28924 of 2018
challenged by the petitioner before this Court in Crl.RC. No. 567 of 2018 and
the same is pending. So far the petitioner paid a sum of Rs.27,64,250/- to the
respondent as maintenance and also continuously paying the monthly
maintenance for a period of 11 years from the date on which the relationship
between them got strained. While so, the domestic violence complaint has
been filed as against the petitioner and two others, claiming maintenance.
5.The only point for consideration is limitation. In this regard, it is
relevant to rely upon the judgment in the case of Inderjit Singh Grewal Vs.
State of Punjab Anr., reported in 2012 Crl.L.J 309. Sections 28 and 32 of
Protection of Women from Domestic Violence Act, 2005 r/w Rule 15(6) of
the Protection of Women from Domestic Violence Rules 2006, makes the
provisions of Criminal Procedure Code applicable. Therefore, the respondent
ought to have filed the complaint within a period of one year from the date of
the incident.
6.In the case on hand, the respondent left the matrimonial home in the
year 2008 itself, thereafter, there are so many proceedings pending against
the petitioner and the respondent herein, in respect to their family disputes.
The petitioner was directed to pay a sum of Rs.30,000/- to the respondent
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herein and a sum of Rs.15,000/- to the minor son as maintenance in
MC.No.261 of 2013 and it is under challenge before this Court in
Crl.R.C.No.567 of 2018 and the petitioner herein has been continuously
paying the maintenance to the respondent.
7.Therefore, on the ground of limitation, the entire complaint is
nothing but a clear abuse of process of Court and it cannot be sustained as
against the petitioner.
8.Accordingly, this Criminal Original Petition stands allowed and the
proceedings in D.V.No.21 of 2018 on the file of the learned Judicial
Magistrate, Ambattur are quashed. Consequently, the connected
miscellaneous petition is closed.
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Index : Yes / No
Internet : Yes / No
Speaking/non-speaking order
klt
To
The Judicial Magistrate, Ambattur.
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CRL.O.P.No.28924 of 2018
G.K.ILANTHIRAIYAN, J.,
klt
CRL.O.P.No.28924 of 2018
and
CRL.M.P.No.16897 of 2018
16.03.2020
(2/2)
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