Bombay High Court
KIRAN S/O BHILA PATIL AND ORSversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed off as Withdrawn
- Bench
- ASHWIN D BHOBE
Holding
The application is withdrawn and disposed of as such.
Summary
The applicants filed a criminal application seeking to quash FIR No. I-568/2021 and the related charge-sheet for offences under sections 143, 147, 148, 149, 323, 324, 326, 504 and 506 of the IPC. After hearing, the applicants, through counsel, requested permission to withdraw the application and instead file a discharge application before the trial court at a later stage. The respondent's counsel did not oppose the withdrawal. The Court, after noting the request, granted liberty to withdraw the present application and directed that any future discharge application be considered on its merits. Consequently, Criminal Application No. 1287 of 2026 was disposed of as withdrawn.
Issues considered
- Whether the application seeking quash of the FIR and charge-sheet may be withdrawn with liberty to file a discharge application later
Subjects
- Criminal Procedure Code
- withdrawal of application
- quash of FIR
- discharge application
- procedural law
Judgment
2-APL-1287-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1287 OF 2026
Kiran s/o Bhila Patil and Ors. … Applicants
Versus
The State Of Maharashtra And Anr. … Respondents
_______________________________________________________________
Mr. Nitin Bhavar Patil (Through VC), Advocate for the Applicants.
Ms. Shilpa Talhar, APP for the Respondent – State.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 22nd July, 2026.
P.C. :
1. By the present Application, the Applicants have sought for the
following substantive relief in terms of prayer clause (B) :-
“B. Quash & set aside the F.I.R. No.I-568/2021 registered at
Dindori Police Station, Dist. Nashik on 08.11.2021 for the offences
punishable u/sec. 143, 147, 148, 149, 323, 324, 326, 504 and 506 of
the Indian Penal Code, 1860, and the consequential charge-sheet filed
in R.C.C. No. 67/20225 pending before the Court of the Judicial
Magistrate First Class at Dindori, to the extent of the applicants.”
2. After having heard the matter for some time, Mr. Nitin Bhavar
Patil, learned Advocate for the Applicants, on instructions from the
Applicants, seeks leave to withdraw the present Application with liberty
to file an Application seeking discharge before the Trial Court at the
appropriate stage. This request is not opposed by Ms. Shilpa Talhar,
learned APP for the Respondent-State.
Vivekanand 1
2-APL-1287-2026.doc
3. In view of the statement made by Mr. Nitin Bhavar Patil, learned
Advocate for the Applicants, leave is granted to withdraw the present
Application with liberty as prayed. If an Application seeking discharge is
filed before the Trial Court at the appropriate stage, same be considered
on its own merits and in accordance with law.
4. Criminal Application No. 1287 of 2026 is disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA BONDE
BONDE Date:
2026.07.23
20:12:23
+0530
Vivekanand 2
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