The court's decision was based on the lack of merit in the allegations of harassment against the in-laws and the fact that they were living separately from the respondent.

The criminal original petition has been filed to quash the proceedings in D.V.C.No.17 of 2017 on the file of the learned XVII Metropolitan Magistrate Court, Saidapet and quash the same as illegal, incompetent and without jurisdiction by allowing the present criminal original petition.

2. The petitioners are in-laws of the respondent and the marriage between A1/S.Gopalchari and the respondent Viz., R. Lavanya was solemnized on 22.10.2001. Thereafter, due to matrimonial disputes the respondent and her husband were living separately from the matrimonial home. Under this circumstance, the respondent herein filed a petition under Domestic Violence Act in D.V.C.No.17 of 2017 on the file of the learned XVII Metropolitan Magistrate Court, Saidapet, and implicated the petitioners and her husband as parties to the petition and sought action as against them under Domestic Violence Act. The said D.V.C.No.17 of 2017 is pending for trial. At this stage, the petitioners herein who are the in-laws of the respondent pray to quash the proceedings in D.V.C.No.17 of 2017.

3. Heard Mr. V. Krishnamoorthy, the learned counsel for the petitioners, and Mr. P.C. Hari Kumar, the learned counsel for the respondent.

4. It is seen that the relief sought for by the respondent in the domestic violence case with regard to residential rights, compensation, etc., can be made and claimed as against her husband, who is already a party in that case. The petitioners herein are only in-laws of the respondent and they are living separately. As such, the protection order sought for by the respondent herein in the domestic violence case against these petitioners/in-laws, based on the allegations, cannot be maintained, in view of the fact that the allegations of harassment meted out by the petitioners against the respondent itself seems to be false. While that being so, there cannot be any act of any domestic violence as defined under Domestic Violence Act against petitioners. In the absence of the same, the proceedings as against petitioners cannot be maintained and consequently, petitioners need not undergo the ordeal of facing a criminal trial.

5. In view of the above, this Court is inclined to quash the proceedings in D.V.C.No.17 of 2017 on the file of the learned XVII Metropolitan Magistrate Court, Saidapet, insofar as petitioners are concerned, on condition that, they shall ensure that the A1/husband of the respondent shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) per month on or before 5th of every English Calendar month to the credit of D.V.C.No.17 of 2017 on the file of the learned XVII Metropolitan Magistrate Court, Saidapet, as ad-interim maintenance, without prejudice to both the parties, failing which this order shall stand automatically cancelled. On such deposit being made, the respondent is entitled to withdraw the same.

6. Insofar as A1/husband of the respondent is concerned, since the impugned proceedings in D.V.C.No.17 of 2017 is pending from the year 2017 onwards, it would be appropriate to direct the trial Court to complete the trial within a period of three months from the date of receipt of copy of this order. A1/husband of the respondent is directed to appear before the trial Court on the next hearing date, failing which, the respondent is at liberty to approach this Court.

7. In the result, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.