SWETHA BATHU Vs. TAMIL NADU STATE WOMENS COMMISSION

JUDGEMENT

(1.) THE petitioner, Swetha Bathu, wife of 5th respondent, filed the writ petition against the order contained in Proceeding No. Na.Ka. No,2522/M.A./2008 dated 16th June, 2009, passed by the 1st respondent, Tamil Nadu State Women's Commission, Chennai. By the said interim order, the police authorities were ordered not to take any steps pursuant to Crime No,5/08, instituted by the petitioner against the 4th and 5th respondents. This was challenged on the ground that the Women's Commission has no jurisdiction to stay any criminal proceeding.

(2.) EARLIER, when the case was taken up, learned counsel appearing on behalf of the Tamil State Women's Commission, while submitted that the Commission may not have power to stay a criminal proceeding, but taking into consideration the fact that this was an internal dispute of a family in which criminal case lodged by the daughter-in-law (petitioner herein) against the mother-in-law (4th respondent herein) and husband of the petitioner (5th respondent herein), the Commission thought to discuss the matter with the parties to settle the dispute. Counsel appearing on behalf of the petitioner and the counsel for the 4th and 5th respondent both suggested to take up the matter in the chamber to ensure some amicable settlement between the parties. The matter was discussed individually with the petitioner, Swetha Bathu (wife of the 5th respondent and daughter-in-law of the 4th respondent), her parents as also the 4th respondent (mother-in-law of the petitioner) and 5th respondent (husband of the petitioner). It was brought to the notice of the Court that apart from a divorce petition filed by 5th respondent in the Principal Subordinate Court, Erode, number of criminal cases and complaints have been filed by either parties. This Court played the role of a mediator and pointed out the advantage and disadvantages of one or other case and allowed the parties to decide their course of action without giving any suggestion to either of them. After discussing the matter, the parties suggested for the following consent order :-