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Bombay High Court

SHRUTI PRAVIN LOKE AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Disposed Off

Holding

The Court held that leave to withdraw may be granted and the application is disposed of as withdrawn without merits being decided.

Summary

The applicants, Miss Shruti Pravin Loke and another, filed a criminal application seeking quashment of the FIR underlying a criminal case. They were subsequently acquitted in the substantive criminal trial. Following the acquittal, the applicants moved the High Court for permission to withdraw their application. The learned counsel for the applicants, Ms. Ashvini G. Mehetre, submitted that the withdrawal was sought because the relief sought was no longer necessary. The Court, after considering the request, granted leave to withdraw the application. The application was consequently disposed of as withdrawn without being heard on its merits. The judgment emphasizes that withdrawal of an application does not constitute a determination on the substantive issues.

Issues considered

  • Whether the High Court may grant leave to withdraw a criminal application after the applicants have been acquitted
  • Whether withdrawal of the application results in disposal without adjudicating the merits

Subjects

  • withdrawal of application
  • criminal procedure
  • quashment of FIR
  • acquittal
  • leave to withdraw
  • high court judgment

Judgment

WAKLE
MANOJ                 MANOJ                                                904-APL-202-2022.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.08.18
19:15:25 +0530                  CRIMINAL APPELLATE JURISDICTION
                            CRIMINAL APPLICATION (APL) NO.202 OF 2022
                      Miss. Shruti Pravin Loke & Anr.                       …Applicants
                            V/s.
                      The State of Maharashtra & Anr.                       …Respondents


                      Ms. Ashvini G. Mehetre i/by Adv. Amanchi Legal & Co., for the
                      Applicants.
                      Mr. Vinod Chate, APP for the Respondent No.1-State.


                                                CORAM: SHYAM C. CHANDAK, J.
                                                DATED : 18th AUGUST, 2026
                      P.C. :-

                      1.      Ms. Mehetre, learned Counsel for the Applicants, on
                      instructions, seeks leave to withdraw the aforesaid Application for
                      the reason that, the Applicants have been acquitted in the criminal
                      case arising out of the impugned FIR, which was sought to be
                      quashed in this Application.

                      2.      Leave to withdraw is granted.

                      3.      Application stands disposed of as withdrawn.

                      4.      It is made clear that this Application is not heard on merits.



                                                       (SHYAM C. CHANDAK, J.)




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