JUDGMENT :

(Prayer: Criminal Miscellaneous Petition is filed under Section 482 of the Code of Criminal Procedure, to modify the order to the extent that the petitioners 2 to 6 shall ensure that the petitioner shall deposit a sum of Rs.5,000/- per month to the credit of DVC.No.19 of 2019 on the file of the District Munsif-cum-Judicial Magistrate Court, Mettupalayam, passed in Crl.O.P.No.1009 of 2020 pending on the file of this Court in the interest of justice.)

1. The petitioners have filed this petition seeking modification of the condition imposed by the order dated 22.09.2020 in Crl.O.P.No.1009 of 2020, observing the petitioners shall ensure that they deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) per month on or before 5th of every English Calender month to the credit of DVC.No.19 of 2019 pending on the file of the District Munsif-cum-Judicial Magistrate Court, Mettupalayam, as ad-interim maintenance.

2. The contention of the petitioners is that the respondent herein had filed application under Section 12 of the Domestic Violence Act, seeking certain reliefs against her estranged husband one C.Ravi and his family members, the petitioners herein. He further submitted that the respondent already filed H.M.O.P.No.25 of 2019 for the relief of restitution of conjugal rights and also filed petition for interim maintenance in M.C.No.21 of 2019 before the Judicial Magistrate, Mettupalayam under Section 125 of Cr.P.C. Thereafter, the Domestic Violence case in DVA.No.19 of 2019 had been filed. The marriage between the respondent and the said C.Ravi took place on 30.10.2017 at Arulmigu Bannariamman Temple, Erode. Both of them are Engineering Graduates. After the marriage, the respondent was residing along with her husband in Chennai, after some time the said C.Ravi had left to Qatar for employment. Thereafter, the defacto complainant left to her parent’s house. From 07.02.2018 onwards she is residing with them. Due to some misunderstanding in the matrimonial life, cases came to be registered between them. As regards the petitioners 2 to 6, they are only in-laws, only to take vengeance they are falsely implicated. Hence, the petitioners 2 to 6 have filed the quash petition in Crl.O.P.No.1009 of 2020 against the DVC.No.19 of 2019.

3. This Court on perusal of materials finding that the petitioners 2 to 6 are in-laws and the relief sought by the respondent in the Domestic Violence case is against her estranged husband C.Ravi seeking residential rights and compensation, maintenance etc. and the petitioners are in-laws, who are living separately and no protection order is sought against the petitioners, this Court quashed the proceedings as against the petitioners 2 to 6. Further to ensure some maintenance to be paid to the respondent, condition ensuring payment of a sum of Rs.5,000/- as interim maintenance was made. The petitioners submit that H.M.O.P.No.25 of 2019 is pending before the Sub-Court, Mettupalayam. Apart from this case, the respondent has filed I.A.No.1 of 2019 under Section 24 of the Hindu Marriage Act and obtained an order to receive Rs.7,500/- per month as interim maintenance. The respondent had also filed M.C.No.21 of 2019 before the Judicial Magistrate, Mettupalayam. The said C.Ravi is making regular payment of Rs.7,500/- towards interim maintenance before the Family Court, so far paid Rs.1 lakh. Added to it, by virtue of order passed by this Court in Crl.O.P.No.1009 of 2020 dated 22.09.2020, the petitioners are made to pay an additional sum of Rs.5,000/- per month. So far the petitioners have paid Rs.55,000/-. The respondent is employed as Hostel Warden having independent earnings. The petitioners never shared common roof.

4. The learned counsel further placed reliance on the judgment of Hon’ble Apex Court in the case of Rajesh Vs. Neha & another, wherein the Hon’ble Apex Court had taken into consideration the various provisions in making payment and maintenance under the Hindu Marriage Act, under Section 125 of Cr.P