DIGGAJ RAMESH DAPKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this proceeding under Section 482 of the Code of Criminal Procedure, the applicant who is respondent No. 8 in an original proceeding preferred by the respondent No. 2 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (For short, "Act of 2005") is seeking its quashment on the ground that he is not in a domestic relation with respondent No. 2 or her husband.

(2.) Rule. The Rule is made returnable forthwith. With the consent of both the parties the matter is heard finally at the stage of admission.

(3.) The learned Advocate for the applicant submits that it is the case of the applicant that he is not related to the family of respondent No. 2 and her husband in any manner. A specific averment can be found in the proceeding preferred by her under Section 12 of the Act of 2005. There is no question of he having ever resided with the family in a shared house hold and cannot be said to be having at any time in the domestic relationship with them. Consequently, he could not have been arrayed as a respondent in that proceeding and still the Magistrate has directed a notice to be issued.