MUMTAJ BEGUM Vs. SULTANA HUSSAIN

JUDGEMENT

(1.) This criminal original petition has been filed under Section 482 of Cr.P.C., praying to call for records in STC No.1301 of 2010 on the file of the Judicial Magistrate No.IV, Trichy and quash the same.

(2.) It is averred in the petition that as per the complaint filed by the respondent before the Social Welfare Officer, there was no allegation as against A1 and A3 to A9 and that the respondent is not entitled to relief under Section 18 and 19 of the Domestic Violence Act, as she voluntarily deserted from the marital abode. The report of the Social Welfare Officer is contradictory to the complaint given by the respondent and in fact, the respondent had stated in her complaint that her mother-in-law alone had threatened her with dire consequences. The petitioners were no way connected with the alleged domestic violence. A9, who is uncle of A1, had been working in a Ship and he is not at all aware of any of the incident that took place here. Therefore, the proceedings against the petitioner are liable to be quashed.

(3.) The learned counsel for the petitioners contends that the petitioners herein are arrayed as A2 to A8 and that as per the complaint given by the respondent, no domestic violence has been alleged as against the petitioners 2 to 7 herein and that the first petitioner is also aged about 70 years and she being month-in-law has nothing to do with the allegations of domestic violence and therefore, the proceedings as against all the petitioners are to be quashed.