Bombay High Court

VIKAS JAYWANTRAO SHELKEversusSTATE OF MAHARASHTRA

Decided: 18 March 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The application was withdrawn and disposed of without adjudicating the merits of the quash petition.

Summary

The applicant, Vikas Jaywantrao Shelke, filed a criminal application seeking to quash the order of cognizance dated 06-07-2024 and the FIR No.75/2024 along with the charge sheet invoking Section 409 read with Section 34 of the Indian Penal Code. The relief sought was the setting aside of the proceedings initiated against him in R.C.C. No.597/2024. After hearing, the applicant's counsel, Nitin Gaware Patil, requested leave to withdraw the application with the liberty to file a separate application for discharge before the trial court. The State's counsel, Tanveer Khan, did not oppose the withdrawal. The court granted the request, allowing the applicant to pursue discharge at the appropriate stage, and disposed of the present application as withdrawn. No substantive merits on the quash petition were addressed.

Issues considered

What is the appropriate procedure for quashing an order of cognizance and an FIR under Section 409 IPC read with Section 34?
Whether the applicant may withdraw the criminal application and seek discharge before the trial court.

Legislation cited

Indian Penal Code, 1860 — s. 34, 409

Subjects

quash of FIR
order of cognizance
Section 409 IPC
Section 34 IPC
withdrawal of application
criminal procedure

Judgment

Digitally
signed by
LAXMIKANT
LAXMIKANT GOPAL (908) APL-1180.25.DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.03.18
21:30:46
+0530 lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.1180 OF 2025

Vikas Jaywantrao Shelke : Applicant
Versus
The State of Maharashtra : Respondent
______________________________________________________

Mr. Nitin Gaware Patil a/w Mr. Dhanraj Lodha for the
Applicant.
Mr. Tanveer Khan, APP for the Respondent/State.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 18 MARCH 2026
PC:-

1. By the present Application, the Applicant has sought the
following substantive reliefs :-

“(a) That this Hon’ble Court be pleased to quash and
set aside the order of cognizance dated 06.07.2024
passed by the Ld. JMFC, Pimpri Court, at Pune in R.C.C.
No.597/2024;

(b) That this Hon’ble Court quash and set aside FIR
No.75/2024 dated 01/03/2024 registered with Sangvi
Police Station, Pune and Charge sheet bearing no.597 of
2024 in which section 409 R/w 34 is invoked against
the Applicant.

2. After having heard the matter for some time, Mr. Nitin
Garware Patil, learned Advocate for the Applicant, on
instructions from the Applicant, craves leave to withdraw this

1
(908) APL-1180.25.DOCX

Application with liberty to file an application seeking
discharge before the Trial Court at the appropriate stage.

3. Mr. Tanveer Khan, learned APP for the
Respondent/State, does not object to the said request.

4. In view of the statement made by Mr. Nitin Garware
Patil, learned Advocate for the Applicant, leave granted to
withdraw this Application with liberty to file an application
seeking discharge before the Trial Court. If an application
seeking discharge is filed before the Trial Court at the
appropriate stage, the same be considered on its own merits
and in accordance with law.

5. Criminal Application No.1180 of 2025 is disposed of as
withdrawn.

(ASHWIN D. BHOBE, J.)

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