1 Cri.W.P.No.246 of 2011 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE WRIT PETITION NO. 246 OF 2011 Deepak @ Gajanan Ramrao Kanegaonkar ... Petitioner Versus Smt. Sonia Deepak @ Gajanan Kanegaonkar and anr. ... Respondents Mr. Manoj Bhatt, Advocate for the petitioner. Mr. H.S. Deshpande, Advocate for respondent no. 1. Mr. S.A. Shaikh, A.P.P. for State. CORAM : K.U. CHANDIWAL,J. DATED : AUGUST 22, 2011 P.C. 1. Heard the learned counsel for the applicant. The application below Exh. 16 was moved before the learned J.M.F.C. Thane to quash the proceedings in terms of provisions of Protection of Women from Domestic Violence Act, 2005 (for short "D.V. Act") initiated by Smt. Sonia, respondent herein. After hearing the parties the learned Judge by his order dated 24.6.2010 held that there was domestic relationship in terms of clauses (a)(f)(g) and (s) of Section 2 of the D.V. Act. Being aggrieved by the said order appeal under Section 29 of the said Act was 2 Cri.W.P.No.246 of 2011 preferred before the learned Additional Sessions Judge, Pune being Criminal Appeal No. 105/2010. The learned Judge by order dated 18.12.2010 dismissed the appeal and directed the parties to appear before the trial court on 15.1.2011. These orders are questioned by the applicant. 2. The learned counsel for the applicant submits that respondent Sonia cannot claim rights under D.V. Act as she has no relation (domestic relation) as engrossed in the very provisions. The respondent knew the applicant to be already married man and consequently there cannot be such relationship between the applicant and respondent Smt Sonia. The text of the FIR lodged by her distracts her contention to take benefit under the provisions of DV Act. The learned counsel also relied upon certificate purportedly signed by the wife of the applicant appointing respondent on 13.3.2000 to impress that respondent Smt. Sonia knew that the applicant was already married person. 3. Though elaborate submissions are advanced, even taking recourse to import of section 125 of Cr.P.C. and also to the judgment of the Supreme Court reported in 2010 Cri. L.J. Supreme Court Cases 469, I find the facts in the present case does not call for interference for the 3 Cri.W.P.No.246 of 2011 following reasons : The record which was placed before the learned J.M.F.C. illustrate that there was agreement for sale in respect of the flat showing the status of the applicant and non applicant to be husband and wife. There was gazette publication dated 11.5.2006 in which the name of the respondent's daughter was changed showing to be daughter of the applicant. The ration card as also the birth record of the daughter and school progress report of the school also illustrate change of name and the name of applicant is used as father of the said daughter Tania. 4. The contention that the applicant was already married man and the same was to the knowledge of the respondent and placing reliance to the appointment letter, will not change the colour and complexion as it will not be in the legal sense enough to believe that respondent had active knowledge of the said marital tie in existence of the applicant with his wife Smt. Sulekha. These are conjunctures only based on appointment letter dated 13.3.2000. Petitioner says on 1.3.2000 he was out of India and could not enter in marital knot with respondent Sonia. I need not go into this dispute at this stage as this requires evidence. On the other hand recitals in FIR 340 of 2009 dated 13.8.2009 cements the contention of respondent Sonia about the relationship developed by 4 Cri.W.P.No.246 of 2011 applicant Deepak. In the result, the challenge to the orders referred above, does not call for any interference. No perversity is seen. However, any observations made by this court or either of the appellate court shall not be influenced by the learned Judge dealing with the application of Smt. Sonia. The learned Judge shall independently assess the evidence as would be placed by both the sides during the hearing. Writ Petition lacks merits. Dismissed. (K.U. CHANDIWAL,J.)