Sau. Bhagyshree W/O Sandeep Patil v. Vishwasrao S/O Shalikram Bedekar

2026:BHC-NAG:5809 1 / 3 37-apl 1723-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(APL) NO. 1723 OF 2025 Bhagyashree Sandeep Patil Vs. Vishwasrao Shalikram Bedekar ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Ms.Anuprita Mishrikotkar appointed counsel for the applicant.

Mr.S.R.Kadam for non applicant.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 15/04/2026 1.

The applicant has filed this application to quash and set aside the proceedings bearing Summary Criminal Complaint Case No.2561 of 2023 pending before the Judicial Magistrate First Class,Nagpur.

2.

The applicant is the tenant of the non applicant. Earlier, the quarrel took place between both of them and on the complaint lodged by the applicant, the Crime was registered under Section 3(1)(10) and (11) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short SC and ST Act) and under Sections 354, 323,504 r/w 34 of the Indian Penal Code (for short IPC) in which the, non applicant was acquitted. Thereafter, the non applicant, who is the landlord has filed

2 / 3 37-apl 1723-25 the private complaint for the offence punishable under Section 499 and 500 of the IPC for defamation. After verification, the learned Judicial Magistrate First Class, Nagpur issued the process against the applicant. The learned counsel for the applicant has stated that only because, the applicant has earlier filed the complaint against the nonapplicant and the crime was registered, this false complaint is filed, hence quash the proceedings pending before the JMFC,Court, Nagpur

3. The learned counsel for the non applicant has stated that the issue process order is not challenged. Now two witnesses before the Charge are already examined. The applicant remained absent and thereafter, the warrant was issued against her. After issuance of warrant, applicant has filed this application for quashing of the proceedings pending before JMFC Court,Nagpur.

4. Heard both the sides.

5. The judgment of acquittal of the non applicant under Sections 354, 323, 504 and 506 r/w 34 of the IPC and under Sections 3(1)(10) and (11) of the SC and ST Act is filed on record. Thereafter, the non applicant has filed the private complaint and after verification, process was issued. It appears that the said issuance of process order is not challenged and after going through the record, it appears that, as the warrant was issued against the applicant, this application is filed. As two witnesses has already been

3 / 3 37-apl 1723-25 examined before framing of the Charge and it is the dispute between the landlord and the tenant. The order of issue process was not challenged by the non-applicant. The applicant has chosen to face the trial. This is not the case to quash the proceedings before the trial Court, hence the application is rejected.

JUDGE Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 15/04/2026 18:34:57