Chintman S/O Rajaram Patil v. Bebabai W/O Nimba Patil

( 1 ) cria1748.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1748 OF 2015 Chintaman s/o. Rajaram Patil ..

Applicant

Versus

Bababai w/o. Nimba Patil ..

Respondent Mr.U.S. Patil, Advocate for the applicant.

Mr.S.P. Tiwari, Advocate for the respondent.

CORAM :

A.I.S. CHEEMA,J.

DATED :

21.09.2015 P.C. :- 1.

Heard learned counsel for the applicant and learned counsel for the respondent. Present application is filed to quash S.C.C. No.123 of 2013 filed by the respondent in which process under Section 504 of Indian Penal Code has been issued. Learned counsel for the applicant submits that between the parties earlier R.C.S. No.203 of 2012 is pending and because of that earlier dispute, the respondent has filed criminal case to pressurize the applicant. Learned counsel submits that as such said criminal case deserves to be quashed.

( 2 ) cria1748.15 2.

Learned counsel for the respondent submits that because of the incident which took place the respondent filed complaint, in which process has been issued and no interference is warranted.

3.

On going through the private complaint filed, it can been seen from the copy of the order of J.M.F.C., that he relied on the verification and N.C. Receipt for issuance of process. However, the applicant has not filed copies of those documents. The statement that because there was earlier civil suit pending, the private complaint is filed with ulterior motive is matter which cannot be decided in an application under Section 482 of the Criminal Procedure Code. There is no case made out for interference. The criminal application stands rejected.

[A.I.S. CHEEMA,J.] snk/2015/SEP15/cria1748.15