OMPRAKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of parties.

(2.) This application is by the applicant Omprakash Dhondiram Mane, who claims, he was resident of Thakre Nagar, Aurangabad, and was posted at Majalgaon, District Beed, as Police Inspector at the time of filing of petition. Offence under Sections 498-A, 494 read with Section 34 of the Indian Penal Code, 1860 (IPC for short) came to be registered against the applicant and other 13 members of the family on 29.1.2008 vide Crime No.24/2008 at the instance of Maya Ramesh Mane. According to the applicant, Ramesh is brother of the present applicant. Ramesh was married to Maya on 9.7.2012. The applicant has been in service since 1985 and is separate from the family. It is claimed that, all the brothers have been living separately and there is no joint family existing. Still the complainant Maya filed complaint claiming that all 14 accused, on 13.1.2008, had gone to Latur and intimidated her, claiming that if she brings Rs.2 Lakhs she would be taken to the matrimonial home. The F.I.R. was filed claiming that this was ill treatment. The investigation has been conducted and charge sheet was filed in the Court of Judicial Magistrate, First Class, Latur. With the application, copy of charge sheet has been filed.

(3.) After filing of the complaint under Section 498-A of IPC, the complainant filed yet another Misc. Criminal Application No.548/2010 before 4th Jt. Judicial Magistrate, First Class, Latur under Protection of Women from Domestic Violence Act, 2005 on the same set of facts. In that proceeding, however, it was alleged that, 13 accused came to the house at Latur and illtreated the complainant Maya. In that proceeding under Domestic Violence Act, name of present applicant was not mentioned. In that proceeding under Domestic Violence Act, evidence was led and the 4th Jt. Judicial Magistrate, First Class, Latur rejected that application on 28.3.2011, finding that there was no relation between complainant Maya and the accused persons since 1995 and that they have been residing separate. Copy of the judgment dated 28.3.2011 has been filed.